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"^^^^ 



THE 
HARRISON SCHOOL CODE 



(S. B. No. 57) 

AN ACT 



To provide for the organization of the common schools of the state of Ohio, and 
to amend, repeal and supplement certain sections of the Revised Statutes and 
laws of Ohio herein named. 



Be it enacted by the General Assembly of the State of Ohio: 

Section i. That Sections 3885, 3886, 3888, 3889, 3890, 3891, 3892, 3893, 
3894,, 3895, 3896, 3897, 3897a, 3898, 3900, 3901, 3908, 3909, 3910.391 1, 3915, 3916, 
3917, 3920, 3921, 3922, 3923, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3958, 
3959" 3960, 3963, 3964, 3967, 3968, 3969, 3972, 3975, 3977, 3978, 3981, 3982, 3985, 
3988, 3991, 3992, 3993, 3994, 4007, 4007-1, 4013, 4015, 4017, 40170. 4018, 4019, 
4021, 4022a, 4022-2, 4031, 4032, 4035, 4036, 4038, 4039, 4042, 4043, 4047, 4048, 
4052, 4053, 4055, 4056, 4059, 4069, 4070, 4071, 40710. 4072, 4073. 4074. 4075^ 4076, 
4077,, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4091, 4092, 4094, 1 123 of 
the Revised Statutes of Ohio, and 

Section 2 of an act entitled ''An act to provide for the centralization of town- 
ship schools and provide a high school for the same," knowm as Section 3927-2 
of the Revised Statutes of Ohio, passed April 19, 1900, as amended ]\Iay 12, 1902, 
and 

Sections i, 2, 3 and 4 of an act entitled "An act entitled to create a sinking 
fund to provide for the payment of the bonded indebtedness of boards of educa- 
tion in city districts of the second grade of the first class," known as Sections 
3970-1, 3970-2, 3970-3 and 3970-4 of the Revised Statutes of Ohio, passed March 
17, 1893, and 

Sections i, 2 and 3 of an act entitled "An act to secure a voice in school 
affairs to the women of Ohio on equal terms with men," known as Sections 3970-10, 
3970-11 and 3970-12 of the Revised Statutes of Ohio, passed April 24, 1894, and 

Sections i and 2 of an act entitled "An act to empower tow^nship boards 
of education to establish township or joint township high schools and to dis- 
continue sub-districts schools when too small to justify their continuance." known 
as sections 4009-15 and 4009-16 of the Revised Statutes of Ohio, passed April 25, 
1898, and 

Section i of an act entitled . "An act requiring instruction and practice in 
the common schools of cities of the first grade and second class, and certain 
educational institutions of physical culture," known as section 4020-17 of the 
Revised Statutes of Ohio, passed April 13, 1892, and 



Section i of an act entitled ''An act to authorize boards of education in 
cities of the second grade of the first class to levy a tax for certain purposes 
tlierein specified," known as section 4020-18 of the Revised Statutes of Ohio, 
passed March 16, 1887, be amended so as to read as follows: and that section 
3897 be further supplemented by adding sections 3897^ and 3897/ and that 3921 
be supplemented by adding 3921a as follows: 

Sec. 3885. The state is hereby divided into school districts to be styled 
respectively, city school districts ; village school districts ; township school dis- 
tricts ; and special school districts. 

Sec. 3886. Each incorporated city, now existing or hereafter created, to- 
gether with the territory attached to it for school purposes, and excluding the 
territory within its corporate limits detached for school purposes, shall consti- 
tute a city school district. 

Sec. 3888. Each incorporated village, now exisiting or hereafter created, 
together with the territory attached to it for school purposes, and excluding 
the territory within its corporate limits detached for school purposes, shall con- 
stitute a village school district. 

Sec. 3889. When a village is advanced to a city, the village school district 
shall thereby become a city school district ; when a city is reduced to a village the 
city school district shall thereby become a village school district. The members 
of the board of education in village school districts that are advanced to city 
school districts, and in city school districts that are reduced to village school dis- 
tricts, shall continue in office until succeeded by the members of the board of edu- 
cation of the new district, who shall be elected at the next succeeding annual 
election for school board members. Upon the creation and incorporation of a 
village, the same shall thereby become a village school district, and if said village 
was, previous to its creation and incorporation, included within the boundaries 
of a special school district but said special district included more territory than 
is included within the village limits, said territory shall be, and thereby is, attached 
to said village school district for school purposes ; when a village surrenders its 
corporate powers the village school district shall be thereby abolished and the 
territory formerly constituting said village district shall become a part of the 
tow^nship school district or districts of the civil township or townships in which it 
is situated, and all school property shall pass to and become vested in the township 
board of education of the civil township in which it is situated ; the provisions of 
section 1536-4 of the Revised Statutes of Ohio in regard to the settlement of the 
affairs of a village that has surrendered its corporate powers shall also apply to 
the village school district and the board of education of the same, and in case the 
village school district is situated in two or more townships any distribution of 
funds shall be made in proportion to the total tax valuation of the property situated 
in the several townships. 

Sec. 3890. Each civil township together with the territory attached to it 
for school purposes, and excluding the territory within its established limits 
detached for school purposes, shall constitute a township school district. 

Sec. 3891. Any school district, now existing, other than a city, village or 
township school district, and any school district organized under the provisions 
of chapter 5 of this title, shall constitute a special school district. 

• Sec. 3892. The territory included within the boundaries of any city, village 
or special school district shall be contiguous. 

Sec. 3893, Whenever territory is annexed to a city or village, such terri- 

NOV 23 1910 



I 






tory thereby becomes a part of the city or village school district and the legal 
title to all school property in said territory shall be thereby vested in the board 
of education of such city or village school district. 

Sec. 3894. A part or the whole of any school district may be transferred to 
an adjoining school district by the mutual consent of the boards of education 
' having control of such district; to secure such consent it shall be necessary for 
V each of said boards to pass a resolution indicating the action taken and definitely 
describing the territory to be transferred, and the passage of said resolution shall 
require a majority vote of the full membership of each board, to be taken by a 
yea and nay vote and the vote of each member to be entered on the records of 
such boards; but such transfer shall not take effect until a map showing the 
boundaries of the territory transferred is placed upon the records of such boards, 
and copies of the resolution certified to the president and clerk of each board, 
together with a copy of said map, is tiled with the auditor or auditors of the 
county or counties in which such transferred territory is situated. 

Sec. 3895. Territory can also be transferred from one school district to an- 
other in the following manner : A petition signed by not less than one-half of the 
qualified male citizens who are electors residing in the territory sought to be 
transferred and accompanied by a correct map of said territory, shall be fiTed 
with the clerks of the boards of education interested and if such boards of edu- 
cation fail or refuse to transfer such territory by mutual consent, as provided 
for in section thirty-eight hundred and ninety-four of the Revised Statutes of 
Ohio, within sixty days after the filing of said petition and map, the petitioner 
shall file a copy of said petition and map in the probate court of the county 
in which such territory is situated, or if the territory be in two or more counties, 
in the probate court of the county containing the largest proportionate share of 
the territory to be transferred ; the petitions shall be required to give satisfac- 
tory security for the costs in the sum of one hundred dollars, conditioned that the 
sureties shall pay all the costs in case the transfer is not granted; the probate 
judge shall thereupon fix a day for the hearing of said petition and shall cause 
to be published for four consecutive weeks, in two newspapers of opposite poli- 
tics, printed and of general circulation in the county, a notice of the filing of 
such petition and of the time of the hearing, and he shall also notify the clerks 
of the boards of education interested of the fihng of the petition and the time of 
hearing; the probate judge is authorized and empowered to hear and determine 
the case and give judgment for or against such transfer and his judgment shall 
be final. In case the finding is against the transfer, judgment shall be rendered 
against the petitioners for the costs of the proceedings, and if the finding is 
for the transfer, judgment shall be rendered against each of the boards of educa- 
tion interested for one-half of the costs, or if more than two boards are interested 
judgment shall be rendered against each for its equal proportionate share of the 
costs. A certified copy of the findings of the court, together with a copy of the 
map of the territory transferred, shall be filed in the office of the county auditor 
by the probate judge. 

Sec 3896. When territory is transferred from one school district to an- 
other under the provisions of section 3894 of the Revised Statutes of Ohio, the 
equitable division of funds or indebtedness shall be determined upon at the time 
of the transfer. When territory is transferred from one school district to an- 
other by proceedings in the probate court, or by the annexation of territory to a 
city or village, the proper division of funds in the treasury, or in the process of 



collection, of the board of education of the school district from which the terri- 
tory is detached, shall, upon application to the probate court of the county in 
which such territory is situated by either board of education interested, be deter- 
mined and ordered by said court; in case said board of education is indebted, 
such indebtedness together with the proper amount of money to be paid to said 
board of education by the board of education of the school district to which the 
territory is transferred, annexed, or the district created, shall be, in a like man- 
ner, determined and ordered by said court. If the territory is situated in two 
or more counties the application and proceedings shall be had in the probate court 
of the county containing the largest proportionate share of said transferred ter- 
ritory. The findings of the probate court shall be final. 

Sec. 3897. In city school districts the board of education shall consist of 
not less than two members nor more than seven members elected at large, by the 
qualified electors of the school district, and of not less than two members nor 
more than thirty mv^mbers elected from sub-districts by the qualified electors of 
their respective sub-districts; provided that in city school districts which at the 
last preceding federal census contained a population of less than fifty thousand 
persons, the board of education shall consist of not less than three members nor 
mor-e than seven members elected at large, by the qualified electors of such city 
school districts. 

Not later than the first day of July next, after the passage of this act, the 
present city school board, board of education, school council or other city school 
legislative body, shall pass a resolution fixing, within the limits prescribed by this 
act, the number of members of said board of education to be elected at large, and 
in city school districts where there are members of the board of education to be 
elected from sub-districts, they shall also, at the same time, fix the number of 
members of the board of education to be elected by such city sub-districts. The 
said city school board, board of education, school council or other city school 
legislative body, in city school districts where there are members of the board of 
education to be elected from sub-districts, shall, at the same time, towit: Before 
the first day of July next, after the passage of this act, subdivide said city school 
district into sub-districts equal in number to the number of members of the board 
of education in said city school district who are to be elected from sub-districts 
therein established. 

Said subdistricts shall be bounded as far as practicable by corporation lines, 
streets, alleys, avenues, public grounds, canals, water courses, ward boundaries, 
voting precinct boundaries or present school district boundaries, and shall be as 
nearly equal in population as possible, and shall be composed of adjacent and 
as compact territory as possible. The lines of said subdistricts so fixed shall 
not be changed until after each succeeding federal census. 

Within three months after the official announcement of the result of each 
succeeding federal census the board of education of each city school district shall 
re-district the said city school district into subdistricts in accordance with the 
provisions of this act. 

If the city school board of education, school council, or other city school 
legislative body shall fail to district or redistrict said city school 'district 
as herein required, at the time or times herein specified, then and in that 
event, upon the application of the president of the board of education, the state 
commissioner of common schools shall, subject to the requirements of this act, 
forthwith district, or re-district said city school districts. 



F'rovided also, that school subdistricts shall be numbered from one up, 
consecutively, and that at the first election for members of the board of education 
held after the passage of this act, the members to be elected to the board of edu- 
cation from subdistricts of odd numbers beginning with one, shall be elected 
for two years, and those elected froni subdistricts of even numbers shall be 
elected for four years, and at the expiration of their respective terms their suc- 
cessors shall be elected for a term of four years ; and provided further, that at 
the said first election the members of the board of education at large in all city 
school districts shall be elected for terms as follows : 

If there be but two members of the board of education elected at large, one 
shall be elected for two years and one for four years, and if there be more than 
two, and the number thereof divisible by two, the one-half of such board shall be 
elected for two years and one-half for four years but if the whole number of 
members elected at large be not divisible by two, then the number to be elected 
for two years shall be the quotient obtained by dividing the whole number to 
be elected at large, less one, by two, and the remaining members shall be elected 
for four years. 

At the expiration of their respective terms their successors shall be elected for 
four years. Members elected at large must be electors of the city school district, 
and members elected from sub-districts must be electors of the city sub-districts 
from which they are chosen, or of the territory attached to the sub-district for school 
purposes ; a removal from said sub-districts, territory or city school district shall 
vacate said office. 

The number of members of the board of education shall not be changed, ex- 
cept at the time of the redistricting herein provided for, within three months after 
the official announcement of the result of the federal census. 

All members of boards of education of city school districts, herein provided for 
shall be elected at the same time and in the same manner as municipal officers are 
elected. 

Sec. 3897a. Boards of education in city schoc^ districts shall organize on 
the first Monday in January after the election held for members of the board of 
education by the election of one of their members as president and the election 
of a clerk, who may or may not be a member of the board, the president to be 
elected for one year and the clerk to be elected for a term not to exceed two years ; 
they shall fix the time of holding regular meetings. Upon the organization of 
the first boards of education elected under this act, the previously existing boards 
of education are thereby abolished and said newly elected boards shall be their 
successors in all respects. Not less than fifteen days before the election of mem- 
bers of boards of education, nominations of candidates therefor may be made by 
nomination papers, signed in the aggregate for each candidate by not less than 
twenty-five qualified electors of either sex of the school district, except that in 
city school districts such nomination papers shall be signed by petitioners not less 
in number than one for every one hundred persons who voted at the next pre- 
ceding general election in such city ; and whenever each of such candidates shall 
be so nominated and his or their names shall be presented to the county board of 
deputy state supervisors of elections of the county in which such district is situ- 
ated not less than fifteen days prior to the ensuing election, the said board of dep- 
uty state supervisors of elections shall publish on two different days prior to such 
election the names of such candidates in two newspapers of opposite politics in the 
school district, if there be such printed and published therein, or, if no newspaper 



is [)rinted therein, by posting such Hst of names in at least five pubUc places in the 
school district. 

Sec. 3897/^. The board of education in any school district which has created, 
or shall hereafter create, a teachers' pension fund, shall pay monthly into said 
teachers' pension fund all deductions, fines, penalties and assessments made against 
any of the teachers or other employes of said board for violation of any of the 
rules or orders of the said board. 

Sec. 3897/. The board of education in- any school district which has created 
or shall hereafter create, a teachers' pension fund, may pay semi-annually, out of 
the contingent fund of such school district, into said teachers' pension fund, not to 
exceed two per cent of the gross receipts of said board of education raised by tax- 
ation to be applied to the payment of teachers' pensions as hereinbefore provided. 
Sec. 3898. When territory is attached to a city school district for school 
purposes, it shall be the duty of the board of education to assign such territory 
to the sub-district or sub-districts adjoining the same, and a map showing such 
assignment shall be made a part of the record of the board ; the electors residing 
in said attached territory shall be entitled to vote for school officers and on all 
school questions in the sub-district to which they are assigned, and in the elec- 
tion precinct nearest their residence ; and in case the board fails to perform this 
duty, the electors residing in said attached territory shall be entitled to vote in 
the sub-district and precinct nearest their residence. An elector residing in the 
city, but not in the city school district, shall not be entitled to vote in said city 
school district. 

Sec. 3900. The re-districting of a city school district shall not affect the 
membership of the then existing board of education in said city school district ; 
all the members thereof shall continue to serve for the full term for which they 
were elected, but after the expiration of said terms the election of members of 
the board of education from sub-districts shall be by the sub-districts as redis- 
tricted. 

Sec. 3901. Boards of education of city school districts are authorized and 
empowered to establish and maintain, under their management and control one or 
more day schools for the education of the deaf youth of school age of the district, 
the expense of conducting the same to be paid from the school funds of the dis- 
trict in the same manner and from the same funds as other school expenses are 
paid. 

Sec. 3908. The board of education of village school districts shall consist of 
five members elected at large at the same time and in the same manner as 
municipal officers are elected, for the term of four years from the first Monday 
in January after their election or until their successors are elected and qualified. 
At the first municipal election held after the passage of this act there shall be 
a board of education elected in all village districts as provided for herein, two 
to serve for two years, and three to serve for four years, and at the municipal 
election held every second year thereafter, their successors shall be elected for 
the term of four years. Upon the organization of said boards, upon the succeed- 
ing first Monday in January after their election, the previously existing village 
boards of education shall be thereby abolished and the newly elected and organ- 
ized board shall be their successors in all respects. 

Sec. 3900. In all incorporated villages not now organized as school dis- 
tricts and in all villa<^es hereafter created, there shall be a board of education 
elected as provided for in section 3908 of the Revised Statutes of Oh^o ; pro- 



vided, however, that if said election be a special election held in a newly created 
villai;e, the members elected shall serve for the terms as indicated in said section 
3908, from the first Monday in Jannary after the last preceding' election for mem- 
bers of boards of edncation, and the board shall organize on the second Monday 
after the special election. 

Sec. 3010. Electors residing;- in territory attached to a village school district 
for school jnirposes, shall be entitled to vote for school officers and on all school 
questions, at the regular voting place in the village to which such territory is 
attached, and should said village be divided into voting precincts, it shall be the 
duty of the l)oard of education of such village school district to assign such ter- 
ritory to the adjoining precinct or precincts and to have a map prepared showing 
such assignment, said map to be made a part of the records of the board, and the 
electors residing in such attached territory shall be entitled to vote in the pre- 
cinct to which they are assigned, but in case no assignment of territory is made, 
the elector shall vote in the precinct nearest his residence. An elector residing 
in a village, but not in a village school district, shall not be entitled to vote in 
said village school district. 

Sec. 391 1. Boards of education of village school districts shall organize on 
the first Monday in January after the election of the board, by the election of one 
of their members president, and the election of a clerk who may or may not be 
a member of the board, the president to be elected for one year and tlie clerk to 
be elected for a term not to exceed two years ; and they shall fix the time of hold- 
ing regular meetings. 

Sec. 3OT5. The board ol education of township school districts shall con- 
sist of five members elected at large at the same time and in the same manner 
as the tonwship officers are elected, for the term of four years from the first 
Monda> in January after their election until their successors are elected and 
qualified. At the first township election held after the passage of this act, there 
shall be a bcxird of education elected in all tow-nship districts as i)rovided for 
lierein, two to serve for two years, and three to serve for four years, and at the 
townshi]) election held every second year thereafter, their successors shall be 
elected for the term of four years. Upon the organization of said boards, upon 
the succeeding first Monday in January after their election, the previously exist- 
ing township boards of education shall be thereby abolished and the ncv.ly elected 
and organized boards shall be their successors in all respects. 

Sec. 3916. Electors residing in territory attached to a township school dis- 
trict for school purposes, shall be entitled to vote for school officers and on all 
school t|iK\-ti(^ns, at the regular voting place in the towniship to which such terri- 
tory is attached, and should such township be divided into diflferent voting pre- 
cincts, it shall be the duty of the board of education of the township district, to 
assign such attached territory to the adjoining precinct or precincts ; if territory 
is attached to more than one precinct, a map shall be prepared showing such as- 
signment and said map shall be made a part of the records of the board of educa- 
tion, and electors shall be entitled to vote according to such assignment, but in 
case no assignment of territory is made, the electors shall vote in the precinct 
nearest to their residence. An elector residing in the township, but not in the 
tow nship scIk^oI district, shall not be entitled to vote in said township school dis- 
trict. 

Sec. 3920. "Regards of edncation of township school districts shall organize 
on the first Mondav in Tanuarv after the election of the board, by the election 



of one of their members president and the election of a clerk who may or may not 
be a member of the board, the president to be elected for one year and the clerk 
to be elected for a term not to exceed two years ; and they shall fix the time of 
holding regular meetings. 

Sec. 3921. The division of township school districts into sub-districts as 
they exist at the time of the passage of this act, shall continue and be recognized 
for the purpose of school attendance, but the board of education is authorized 
to increase or diminish the number or change the boundaries of the sub-districts 
at any regular meeting, a map designating such changes to be entered upon its 
records. 

Sec. 3921a. In all township districts the schools of which are not central- 
ized or consolidated there shall be elected by ballot on the second Monday of 
April, 1905, and annually thereafter in each sub-district, by the qualified electors 
thereof, one competent person, having the qualifications of an elector therein to 
be styled director. In all cases of tie votes at an election for director the judges 
of election shall decide the election by lot; and in other cases of failure to elect 
directors or in case of a refusal to serve, or in case where vacancies exist from 
any cause, the township board of education shall appoint a director for such sub- 
district. The director of each sub-district shall post written or printed notices in 
three or more conspicuous places in his sub-district at least six days prior to the 
election, designating the day and hour of opening, and the hour of closing the 
election. The election shall be held at the school house in the sub-district. The 
meeting shall be organized by appointing a chairman and secretary, who shall 
act as judges of the election under oath or affirmation, which oath or affirmation 
may be administered by the director of the sub-district, or any other person com- 
petent to administer such an oath or affirmation, and the secretary shall keep a 
poll-book and tally-sheet, which shall be signed by the judges, and delivered 
within eight days to the clerk of the township board of education. The qualified 
electors of the sub-district may hold other meetings at any time upon the call of 
the director or of any five electors. Five days' notice shall be given of such meet- 
ings by posting notices in five public places in the vicinity. The director of each 
sub-district shall preside at the school meetings of the district, record their pro- 
ceedings, and shall act as the organ of communication between the inhabitants 
and the township board of education. He shall take charge of the school house 
and property belonging thereto under the general order and direction of the 
township board of education and preserve the same and when so ordered by the 
board shall make all temporary repairs of the school house, furniture and fix- 
tures, and provide the necessary fuel for the school, reporting the cost thereof 
to the board of education for payment. The director of each sub-district shall 
take the enumeration of his sub-district and return the same to the clerk of the 
township board of education in the manner prescribed by law. 

Sec. 3922. The board of education of any township school district is au- 
thorized to suspend the schools in any or all sub-districts in the township district, 
but upon such suspension the board must provide for the conveyance of the 
pupils residing in such sub-district or sub-districts to a public school in said town- 
ship district, or to a public school in another district, the cost of such conveyance 
to be paid out of the funds of the township school district ; or the board may 
abolish all the sub-districts providing conveyance is furnished to one or more 
central schools, the expense of such conveyance to be paid out of the funds of the 
district. When transportation of pupils is provided for, the conveyance must 



pass within at least the distance of one-half of a mile from the respective resi- 
dence of all pupils, except when such residences are situated more than one-half 
of a mile from the public road ; but boards of education shall not be required to 
provide transportation for pupils living less than one-half of a mile from the 
school house. 

Sec. 3923. Joint sub-districts are hereby abolished and the territory of such 
districts, situated in the township in which the school house of the joint sub- 
district is not located, shall be attached for school purposes to the township school 
district in which said school house is located, and shall constitute a part of said 
township school district, and the title of all school property located in said joint 
sub-district, is hereby vested in the board of education of the township to which 
the territory is attached. A map of such attached territory shall be prepared 
under the direction of the board of education of the township district to which 
such territory is attached and shall be made a part of the records of said board 
and a copy of the same shall be filed with the auditor of the county in which said 
territory is situated, or if the territory be in two or more counties, said map shall 
be filed with the auditor of each county. 

Sec. 3927-2. A township board of education may submit the question of 
centralization, and upon the petition of not less than one-fourth of the qualified 
electors of such township district, must submit such question to a vote of the 
qualified electors of such township district, and if more votes are cast in favor of 
centralization than against it, at such election, it shall then become the duty of 
the board of education, and such board of education is required to proceed at 
once to the centralization of schools of the township, and if necessary purchase a 
site or sites and erect a suitable building or buildings thereon ; provided, that if, 
at the said election, more votes are cast against the proposition for centralization 
than for it, the question shall not again be submitted to the electors of said town- 
ship district for a period of two years. When the schools of a township have 
been centralized, such centralization shall not be discontinued within three years 
thereafter, and then only by petition and election as required herein and if at such 
election more votes are cast against centralization than for it, the division into 
sub-districts as they existed prior to centralization, shall be thereby re-established 
at the next regular election and sub-districts directors shall be elected as provided 
in section 3921a of this act. 

Sec. 3928. A special school district may be formed of any contiguous 
territory, not included within the limits of an incorporated city or village, which 
has a total tax valuation of not less than one hundred thousand dollars. To 
establish a special school district, a petition signed by not less than ten male 
citizens who are electors of the proposed special district shall be filed in the 
office of the probate judge of the county in which such special district is situ- 
uated or if said district is situated in two or more counties, then with the pro- 
bate judge of the county having the greatest total tax valuation in said proposed 
district ; said petition shall set forth the desires of the petitioners, shall con- 
tain a description of the territory to be included in the proposed special dis- 
trict, and shall be accompanied by a statement giving the total tax valuation 
of said territory certified to by the county auditor or auditors and also an ac- 
curate map of the territory to be included in said district, the same to be prepared 
to the satisfaction of the probate judge; said petition shall also be accompanied 
by an undertaking of one or more of the petitioners, with security to the sat- 
isfaction of the judge, in the sum of one hundred dollars, conditioned that the 



lO 

parties entering into the undertaking shall pay all the costs of the proceedings 
if a special school district is not created, and in such case the probate judge 
shall render judgment against the parties to the undertaking for all the costs 
of the proceedings. In case the petition is granted the costs shall be taxed against 
the special school district thereby authorized and shall be paid by the board of 
education of said special school district, thereafter elected, from any funds that 
may come into its possession. A remonstrance signed by one or more of the 
male citizens who are electors of the proposed district may be filed with the 
probate judge and shall be considered on the hearing of the petition. Nothing 
herein contained shall be so construed as to abolish any special school dis- 
trict now existing, but all such districts whether created under the provisions of 
a general or special act, including the territory now constituting such special dis- 
trict, shall, unless changed under the provisions of this chapter, continue to be 
and remain and De recognized and regarded as legal special school districts, ex- 
cepting, however, such special school districts which do now or may hereafter 
include within their boundaries an incorporated city or village, and in such cases 
such special district shall become a city or village school district with or without 
territory attached or detached, as the case may be. And all officers and members 
of boards of education of existing special school districts heretofore created, 
whether by special or general act, shall continue to hold and exercise their 
respective offices and the powers thereof, until their successors are elected and 
qualified as provided herein ; provided that all such officers of such districts 
created by special act shall hold such offices only until the first ^londay of 
January following the first election for school officers to be held after the 
passage of this act, at which election their successors shall be elected. 

Sec. 3929. Upon the filing of a petition in the probate court for the es- 
tablishment of a special school district, the judge thereof shall fix a time for 
the hearing of the same, which shall be within sixty days of the filing thereof; 
he shall thereupon cause to be published for four consecutive weeks, in two 
newspapers of opposite politics, printed and of general circulation in the county 
where the petition is filed, notice of the filing of- such petition and the time of 
the hearing thereon; such notices shall also be mailed to the clerk or clerks 
of the board or boards of education having territory in the proposed special 
school district. The probate judge is authorized to hear and determine the 
question of the establishment of such special school district, may subpoena and 
examine witnesses under oath, may change the boundaries of the proposed 
special school district, shall fix and determine the amount of money due and 
payable to said special district from the surplus money in the treasury or in 
process of collection in the district or districts from which it was formed, or 
in case of the indebtedness of such district or districts, he shall determine the 
amount of money due and payable by the special school district to the district 
or districts from which it was formed, and in either case the amount so found 
due shall be valid and binding obligation upon the board of education of such 
district or districts. The fees in cases involving the establishment of special 
school districts shall be the same as in civil cases, and the jurisdiction of the 
probate court in such cases shall be exclusive. 

Sec. 3930. The board of education of special school districts shall consist of 
five members elected at large at the same time and in the same manner as the 
township officers are elected, for the term of four years from the first Monday in 
January after their election or until their successors are elected and qualified. At 



the first tcnvnsliip election held after the passai^e of this act, there shall he a hoard 
of education elected in all special districts as provided for herein, two to serve for 
two years, and three to serve for four years, and at the township election held 
every second } ear thereafter, their successors shall be elected for the term of four 
vears. V\iou tlie organization of said hoards, upon the succeediui;- first Atonday 
in January after their election the previously existini;- hoards of education of 
special school districts shall be thereby abolished and the newly elected and or- 
ganized boards shall be their successors in all respects. 

Sec. 3931. Elections in special school districts shall be held by the regular 
election officers of the township in which such special districts are situated and 
if a special district is situated in two or more townships, the election shall be held 
i)y the election officers of the different townships for the electors residing in each 
township respectively. At least twenty days prior to the first election held under 
this act, it shall he the duty of the clerk of the board of education of each special 
school district to notify the deputy supervisors of elections of the county in which 
the district is situated, or if said district be in two or more counties, he shall no- 
tify the deputy supervisors of each county, of the names of the voting precincts 
having territory in such special school district, and the probable number of elec- 
tors in each precinct, in order that said deputy supervisors shall be enabled to 
prepare ballots and election supplies and distribute the same to the proper pre- 
cincts, and in each precinct there shall be separate ballots, ballot boxes, poll books 
and tally sheets for each school district having voters therein. 

Sec. SC)^2. When a special school district is created, a mass meeting of the 
electors in such district shall be called by the posting of notices in five public 
places in the district setting forth the time and place of said meeting and signed 
by at least three electors of the district. The electors assembled at said meeting 
shall elect a chairman and secretary and fix the time for holding the first election 
for members of the board of education, the time so fixed shall not be within 
twenty-five days of the time of holding said mass meeting. The chairman and 
secretary of said meeting shall immediately post notices in five public places 
within the district, giving the date of the election and shall notify the deputy 
state supervisors of elections as provided in section 3931 of the Revised Stat- 
utes of Ohio. The board thus elected, shall organize on the second Monday 
after the election and the term of the members shall be as indicated in section 
3930 of the Revised Statutes of Ohio, from the first Monday in January after 
the last preceding annual election for members of boards of education, or until 
their successors are elected and qualified. 

Sec. 3933. Boards of education of special school districts, shall organize 
on the first Monday in January after the election of the board, by the election of 
one of their members president and the election of a clerk who may or may not 
be a member of the board, the president to be elected for one year and the clerk 
to be elected for a term not to exceed two years : and they shall fix the time of 
holding regular meetings. 

Sec. 3934. Boards of education of special school districts are authorized to 
provide for the conveyance of pupils of said district to the school or schools 
of the districts, the expense of said conveyance to be paid from the school funds 
of the special school districts ; provided, however, that boards of education of 
such districts as provide transportation for the pupils thereof, shall not be re- 
quired to transp(^rt pupils living less than one-half of a mile from the school 
house, transportation of such pupils being optional with the board of education. 



J 2 

Provided, further, that when any pupils of said district reside at a greater dis- 
tance than one and one-half miles from the school house the board of education 
shall be required to provide for the conveyance of such pupils and the expense 
thereof to be paid from the school funds of said special school district. 

Sec. 3935. When a petition is signed by not less than one-third of the elec- 
tors residing within the territory constituting a special school district, whether 
created under the provisions of a general or special act, praying for the aban- 
donment or continuance of such district, shall be presented to the board of edu- 
cation of said district, or when said board shall, by a majority vote of the full 
membership of the board, decide to submit the question of abandoning or con- 
tinuing the special school district, it shall be the duty of the board 
to fix the time of holding said election at either a special or general elec- 
tion and the clerk of the board shall notify the deputy state supervisors of elec- 
tions, as provided in section 3931 of the Revised Statutes of Ohio, of the date of 
such election and the nature of the same and said supervisors of elections shall pro- 
vide for the same. The clerk of the board of education shall also post notices of 
said election in five public places within the district. If said election be sub- 
mitted at a special election in a district situated in two or more election precincts, 
the election shall be held at the precinct nearest the school house in said special 
district, by the election officers of the precinct, and all the electors of said district 
shall vote at said precinct. If the district is situated in two or more counties, the 
deputy state supervisors of the county in which said nearest election precinct is 
situated, shall have charge of the election. If said question is submitted at a 
regular election, it shall be conducted in the same manner as the election of 
members of the board of education. The ballot shall be in the reo^ular form, but 
without the circle at the top, and shall have printed thereon "Abandonment of 
Special School District, Yes;" ''Abandonment of Special School District, No;*' 
or "Continuance of Special School District, Yes ;" "Continuance of Special School 
District, No," as the case may be. The expense of said election shall be pnid in 
the same manner as are other school election expenses, and returns of said 
elections shall be made to the board of education of the special school district and 
if more votes are cast for abondonment than against it, or against continuance 
than for it, said boards shall certify the result to the board or boards of edu- 
cation of the township or townships having territory in said special district and 
the territory of said special district shall therebv revert to the township school 
district or districts from which it was originally taken, except as hereinafter 
provided for in the case of indebtedness of the special district. Otherwise said 
district shall continue to be and remain and be recognized and regarded as a 
legal special school district as theretofore constituted. The legal title of the 
property of the special school district shall in the event of abandonment or failure 
to continue become vested in the board or boards of education of the township or 
townships in which such property is situated. And the school funds of said 
special district shall be paid into the treasury of the township district and if said 
special district be in two or more townships, it shall be divided between them in 
proportion to the total tax valuation of property in the several districts, but the 
abandonment of a special school district shall not be deemed complete until the 
board of education of said district shall have provided for the payment of an}^ 
indebtedness that may exist. 

Sec. 3958. Each board of education shall, annually, at a regular or special 
meeting held between the third Monday in April and the first Monday in June, 



13 

fix the rate of taxation necessary to be levied for all school purposes, after the 
state funds are exhausted ; said levy shall be divided by the board of education 
into four funds, namely, first. Tuition Fund; second, Building Fund; third. 
Contingent Fund ; fourth, Bonds, Interest and Sinking Fund, and a separate 
levy shall be made for each fund ; provided, that in every city school district, 
said levies shall be submitted to the Board of Review of the city, which shall 
consider the same, and approve or reduce said levies, or any part thereof, and 
return the same to the board of education, and said levies shall then become 
valid and effective as so approved or reduced ; but if said board of review fail 
or neglect to act upon said levies within ten days after the receipt of the same 
from the board of education, then said levies shall become valid and effective 
without the action of said board of review. 

Sec. 3959. The local tax levy for all school purposes shall not exceed twelve 
mills on the dollar of valuation of taxable property in any school district, but 
said levy shall not include any special levy, for a specified purpose, provided 
for by a vote of the people. A greater tax than is authorized herein may be 
levied for any or all school purposes if the proposition to make such levy shall 
have been first submitted, by the board of education, to a vote of the electors of 
the school district, under a resolution prescribing the time, place and nature 
of the proposition to be submitted, and approved by a majority of those voting 
on the proposition ; notice of said election must be given by publication of the 
resolution for three consecutive weeks prior thereto in some newspaper published 
and of general circulation in the district, or by posting copies thereof in five 
of the most conspicuous places in the district for a like period, if no such paper 
is published therein. 

Sec. 3960. The amount of the levy fixed by the board of education under 
sections thirty-nine hundred and fifty-eight and thirty-nine hundred and fifty- 
nine shall be certified to the county auditor in writing, on or before the first 
Monday in June of each year, who shall assess the entire amount upon all the 
taxable property of the district, and enter it upon the tax duplicate of the county, 
and the county treasurer shall collect the same, at the same time and in the same 
manner as state and county taxes are collected, and pay it to the treasurer of the 
district upon the warrant of the county auditor; and unless the county treasurer 
is paid a fixed salary he shall receive one per centum on all money so collected, 
and no more. 

Sec. 3963. \\'hen a school district is composed of territory in two or 
more counties, the rate of taxation shall be ascertained by the board of educa- 
tion of such district and shall be certified to the auditors of the several counties 
and such county auditors shall place the same on the tax duplicate and the 
same shall be collected as provided in section thirty-nine hundred and sixty 
of the Revised Statutes of Ohio. The funds belonging to a district composed 
of territory in more than one county shall be paid by the treasurers 
of the other counties to the treasurer of the county having the greatest tax 
valuation in said district; the auditors of the other counties shall make settle- 
ment on account of such funds with the auditor of the county having said 
greatest tax valuation; and the treasurer of the district shall make the settle- 
ment required by section thirty-nine hundred and sixty-six of the Revised Statutes 
of Ohio, with such auditor. 

vSec. 3964. Each county auditor shall, immediately after each annual set- 
tlement with the county treasurer, apportion the school funds for his county; 



14 

the state common school fund shall be apportioned in proportion to the enumer- 
ation of youth in each of the several school districts within the county, but if 
an enumeration of the youth of any district has not been taken and returned 
for any year, such district shall not be entitled to receive any portion of said 
fund; the local school tax collected from the several districts shall be paid to 
the districts from which it was collected ; money received from the state on 
account of interest on the common school fund shall be apportioned to the 
school districts and parts of school districts within the territory designated by 
the auditor of state as entitled thereto, in proportion to the enumeration of youth 
therein, and all other money in the county treasury for the support of the com- 
mon schools, and not otherwise appropriated by law, shall be apportioned an- 
nually in the same manner as the state common school fund. 

Sec. 3967. The certificate of apportionment furnished by the county auditor 
to the treasurer and clerk of each school district shall exhibit the amount of money 
received by each district from the state, the amount received from any special tax 
levy made for a particular purpose as well as the amount received from local 
taxation of a general nature; the amount received from the state common school 
fund and the common school fund shall be designated the ''tuition fund" and 
shall be appropriated only for the payment of superintendents and teachers ; the 
funds received from special levies shall be designated in accordance with the 
purpose for which the special levy was made and shall be paid out only for such 
purpose, but when a balance remains on such fund after all expenses incident 
to the purpose for which it was raised shall have been paid, such balance shall 
become a part of the contingent fund and it shall be the duty of the board of 
education to make such transfer by resolution ; the funds received from the local 
levy for general purposes shall be designated as indicated in section thirty-nine 
hundred and fifty-eight, so as to correspond to the particular purpose for which 
the levy was made ; all moneys coming from sources not enumerated herein shall 
be placed in the contingent fund. 

Sec. 3968. The board of education of any school district shall have authority 
to provide by resolution for the deposit of any or all moneys coming into the 
hands of the treasurer of the board. Provided, however, that no bank shall re- 
ceive a larger deposit than the amount of its paid-in capital stosk, and in no event 
to exceed three hundred thousand dollars ($300,000.00). In school districts 
containing two or more banks such deposit shall be made in the bank or banks, 
situated in the district, that shall offer at competitive bidding the highest rate of 
interest which in no case shall be less than two per cent, for the full time the funds 
or any part thereof are on deposit, and such bank or banks shall give a good and 
sufficient bond of some approved guaranty company in a sum at least equal to the 
amount deposited, and it shall be the duty of the treasurer of the school district to 
see that a greater sum than that contained in the bond is not deposited in such 
bank or banks and said treasurer and his bondsmen shall be liable for any loss 
occasioned by deposits in excess of such bond ; the board shall determine in such 
resolution the method by which such bids shall be received, the authority which 
shall receive them, the time for which such deposits shall be made and all details 
for carrying into effect the authority herein given, but all such proceedings in 
connection with such competitive bidding and deposit of such moneys shall be 
conducted in such a manner as to insure full publicity and shall be open at all 
times to pnljlic inspection ; if in the opinion of a board of education there has 
been any rornsion between tlie bidders, said board may reject any or all bids 



15 

and may provide for the deposit of funds in a bank or banks without the district 
as hereinafter provided for in districts not having two or more banks located 
therein. In all school districts containing less than two banks the board of edu- 
cation may, after the adoption of a resolution providing for the deposit of its 
funds, enter into a contract with one or more banks that are conveniently located 
and offer the highest rate of interest, which shall in no case be less than two 
per cent, for the full time the funds or any part thereof are on deposit, and said 
bank or banks shall give good and sufficient bond of some approved guaranty 
company in a sum at least equal to the amount deposited and it shall be the duty 
of the treasurer of the school district to see that a greater sum than that con- 
tained in the bond is not deposited in such bank or banks, and said treasurer and 
his bondsmen shall be liable for any loss occasioned by deposits in excess of such 
bond ; said resolution and contract shall set forth fully all details necessary to 
carry into effect the authority herein given and all proceedings connected with 
the adoption of said resolution and the making of said contract shall be con- 
ducted in such a manner as to insure full publicity and shall be open at all times 
to public inspection. When a depository is provided as authorized herein and 
the funds are deposited therein, the treasurer of the school district and his bonds- 
men shall be relieved of any liability occasioned by the failure of the bank or 
banks of deposit or by the failure of the guaranty company acting as surety for 
such bank or banks or by the failure of either of them, except as herein provided 
in cases of excessive deposits. 

Sec. 3969. If the board of education in any district fail in any year to esti- 
mate and certify the levy for a contingent fund as required by this chapter, 
or if the amount so certified is deemed insufficient for school purposes, or if it 
fail to provide sufficient school privileges for all the youth of school age in the 
district or to provide for the continuance of any school in the district for at least 
seven months in the year. Or to provide for each school an equitable share of 
school advantages as required by this title, or to provide suitable school houses 
for all the schools under its control, or to elect a superintendent or teachers, the 
commissioners of the county to which such district belongs, upon being advised 
and satisfied thereof, shall do and perform any or all of said duties and acts, in 
as full a manner as the board of education is by this title authorized to do and 
perform the same ; and the members of a board who cause such failure shall be 
each severally liable, in a penalty not to exceed fifty nor less than twenty-five 
dollars, to be recovered in a civil action in the name of the state upon complaint 
of any elector of the district, which sum shall be collected by the prosecuting 
attvjrney of the county, and when collected shall be paid into the treasury of the 
county, for the benefit of the school or schools of the district. 

(3970-1) Sec I. In any school district having a bonded indebtedness, for the 
payment of which together with interest, no provision has been made by a special 
tax levy for that particular purpose, it shall be the duty of the board of educa- 
tion of such district and such board shall annually, on or before the 31st day of 
Aue:ust, set aside from its revenue a sum equal to not less than one-fortieth of 
said indebtedness together with a sum sufficient to pay the annual interest thereon. 

The board of education of every district shall provide a sinking fund for 
the extinquishment of all its bonded indebtedness, which sinkinq- fund shall be 
manaqed and controlled by a board of commissioners designated as the "Board 

of Commissioners of the Sinking Fund of " (inserting the name of 

the district), which shall be composed of five electors thereof, and who shall 



i6 

be appointed by the court of common pleas of the county in which such district 
is chiefly located, provided, that in city or village districts the board of com- 
missioners of the sinking fund of the city or village may be the board of com- 
missioners of the sinking fund of the school district; the commissioners of the 
sinking fund shall serve without compensation and shall give such bond as the 
board of education may require and approve, provided that any surety com- 
pany authorized to sign such bonds may be accepted by such board of educa- 
tion as surety, and the cost thereof, together with all necessary expenses of the 
commissioners of the sinking fund shall be paid by said commissioners out of the 
funds under their control. 

(3970-2) Sec. 2. The board of commissioners of the sinking fund shall 
invest the sinking fund in bonds of the United States, of the State of Ohio, of 
any municipal corporation, county, township or school district within the state 
af Ohio or in bonds of its own issue. All interest received from such invest- 
ments shall be deposited in the treasury to the credit of said sinking fund, and 
reinvested in a like manner ; at no time shall there be over one thousand dollars 
kept on deposit if investment can be made without jeopardizing the prompt 
redemption of bonds falling due. For the extinguishment of any bonded in- 
debtedness included in said sinking fund, the board of commissioners of the 
sinking fund is authorized to sell or use any of the securities or money in 
said fund. 

(3970-3) Sec. 3. The board of commissioners of the sinking fund may 
refund, extend or renew the bonded debt of the school district or any part thereof, 
existing at the time of the taking effect of this act, by issuing the bonds of 
said school district for such periods, not exceeding twenty years, in such denomi- 
nation, payable at such place and at a rate of interest not to exceed the rate 
previous to such refunding, extension or renewal ; provided that the aggregate 
amount of the refunding, extending or renewing bonds so issued shall not 
exceed that of the bonds so refunded, extended or renewed. 

(3970-4) Sec. 4. The clerk of the board of commissioners of the sinking 
fund shall make an annual report to the board of commissioners of the sinking 
fund, giving a detailed statement of the sinking fund, such report shall be filed 
at such time as the board shall designate and other reports may be required by 
the board when the same shall be deemed necessary. Orders on the sinking 
fund shall be drawn by the same authority and in the same manner as other 
orders for the payment of money from the school funds. 

(3970-10) Sec. I. The election of members of boards of education shall be 
governed and controlled by the general election laws of the state. There shall 
be separate poll books and tally sheets used for all elections for school purposes, 
and the ballots of the electors at said elections shall be deposited in a separate 
ballot box. In city school districts the ballots for each sub-district shall con- 
tain the names of the candidates for member of the board of education from 
such sub-district and also the names of the candidates to be elected at large. 
Returns of all school elections shall be made to the clerk of the board of educa- 
tion not less than five days after the election, and it shall be the duty of the 
board of education to canvass said returns at a meeting to be held on the second 
Monday after the election, and the result thereof shall be entered upon the records 
of the board ; in case of a tie vote, the same shall be decided by said board of 
education, by lot. 

(3970-11) Sec. 2. The clerk of each board of education shall publish a 



i 



17 

notice of all school elections in a newspaper of general circulation in the district, 
or post written or printed notices of said elections in five public places in the 
district, at least ten days before the holding of the same, which notices shall 
specify the time and place of such election and the number of members of the 
board of education to be elected and the term for which they are to be elected, 
or the nature of ihe question to be voted upon. 

(3970-12) Sec. 3. Every woman born in the United States, or who is a 
wife or daughter of a citizen of the United States, who is over twenty-one years 
cf age and possesses the necessary qualifications in regard to residence, as is pro- 
vided for men, shall be entitled to vote, and to be voted for, for member of the 
board of education and upon no other question. The law relating to registration 
shall apply to women upon whom the right to vote is conferred, but the names 
of such women may be placed on a separate list. 

Sec. 3972. All property, real or personal, w^hich has heretofore vested in and 
is now held by any board of education for the use of public or common schools in 
any district, is hereby vested in the board of education provided for in this title, 
having under this title jurisdiction and control of the schools in such district; 
and all resolutions and orders passed by any board of education shall remain in 
full force and effect until duly altered or repealed, and nothing in this act con- 
tained shall be construed to in any way affect the validity of any contract made 
nor bonds or certificates of indebtedness issued, by any board of education of 
any school district, whether created under the provisions of a general or a special 
act ; and all school funds, whether arising from taxation, sale of bonds, or other- 
wise, in the hands of or belonging to any board of education of any school dis- 
trict, whether created under the provisions of a general or a special act, and all 
taxes levied by any such board not collected, shall be transferred to the credit of 
the board of education elected, under the provisions of this act, to succeed the 
board having such funds to its credit or which made the levy for the uncollected 
taxes. 

Sec. 3975. Any board of education may, by the adoption of a resolution, 
accept any bequest made to them by will or may accept any gift or endowment 
from any person or corporation, upon the conditions and stipulations contained 
in the will or connected with the gift or endowment; and for the purpose of 
enabling such boards to carry out the conditions and limitations upon which the 
bequest, gift or endowment is made, they are authorized to make all rules and 
regulations that may be required to fully carry into effect the provisions of said 
bequest, gift or endowment; but no such bequest, gift or endowment shall be 
accepted by any board of education when the conditions of the same shall remove 
any portion of the public schools from under the control of said board. 

Sec. 3977. The prosecuting attorney shall be the legal adviser of all boards 
of education in the county in which he is serving, except in city school districts, 
he shall prosecute all actions against a member or officer of a board of education 
for malfeasance or misfeasance in office, he shall be the legal counsel of said 
boards or the officers thereof in all civil actions brought by or against them and 
shall conduct the same in his official capacity ; provided, that when said civil 
action is between two or more boards of education in the same county said 
prosecuting attorney shall not be required to act for either of them. In city 
school districts the city solicitor shall be the legal adviser and attorney for the 
board of education and shall perform the same services for said board of educa- 



i8 

tion as is herein required of prosecuting attorneys for other boards of education. 
The duties herein prescribed shall devolve upon any official serving in a capacity 
similar to that of prosecuting attorney or city solicitor for the territory wherein a 
school district is situated, regardless of his official designation. No prosecuting 
attorney, city solicitor or other official acting in a similar capacity shall be a mem- 
ber of the board of education. No compensation in addition to such officers' regu- 
lar salary shall be allowed for such services. 

Sec. 3978. A special meeting of a board of education can be called by the 
president or clerk of the board or by any two members thereof, by serving a 
written notice of the time and place of such meeting upon each member of the 
board, either personally or at his residence or usual place of business, said notice 
to be signed by the official or member calling the meeting. 

Sec. 3981. A'acancies in any board of education arising from death, non- 
residence, resignation, removal from office, failure of person elected or appointed 
to qualify within ten days after the organization of the board or of his appoint- 
ment, removal from the district, or from other cause, shall be filled by the board 
of education at its next regular or special meeting or as soon thereafter as pos- 
sible for the unexpired term. A majority vote of all the remaining members of 
the board can fill any vacancy or vacancies that may exist in said board. 

Sec. 3982. A majority of the board of education shall constitute a quorum 
for the transaction of business ; upon a motion to adopt a resolution authorizing 
the purchase or sale of property, either real or personal, or to employ a superin- 
tendent, teacher, janitor, or other employe, or to elect or appoint an officer, or 
to pay any debt or claim, or to adopt any text book, the clerk of the board shall 
call, publicly, the roll of all the members composing the board, and enter on the 
record required to be kept the names of those voting "aye" and the names of 
those voting '*no" ; if a majority of all the members of the board vote "aye," the 
president shall declare the motion carried; and upon any motion or resolution 
any member of the board may demand the yeas and nays, and thereupon the 
clerk shall call the roll and record the names of those voting "aye" and those voting 
"no," provided, that boards of education may provide for the payment of super- 
intendents, teachers and other employes by payroll if deemed advisable, but in 
all cases the roll call and record, provided for herein shall be complied with. 

Sec. 3985. The board of education of each district shall make such rules 
and regulations as it may deem necessary for its government and the govern- 
ment of its appointees and the pupils of the schools ; and no meeting of a board 
of education not provided for by its rules or by law shall be legal unless all the 
members thereof have been notified as provided for in section thirty-nine hundred 
and seventy-eight. 

Sec. 3988. When a board of education determines to build, repair, enlarge 
or furnish a school house or school houses, or make any improvement or repair 
provided for in this chapter, the cost of which will exceed in city districts, fifteen 
hundred dollars, and in other districts five hundred dollars, except in cases of 
urgent necessity, or for the security and protection of school property, it shall 
proceed as follows : 

(i) The board shall advertise for bids, for the period of four weeks, in 
some newspaper of general circulation in the district, and two such newspapers, 
if there are so many ; and if no newspaper has a general circulation therein, then 
by posting such advertisement in three public places therein, which advertise- 



19 

ment shall be entered in full by the clerk, on the record of the proceedings of the 
board. 

(2) The bids, duly sealed, shall be filed with the clerk by twelve o'clock, 
noon, of the last day stated in the advertisement. 

(3) The bids shall be opened at the next meeting of the board, be publicly 
read by the clerk, and entered in full on the records of the board. 

(4) Each bid shall contain the name of every person interested in the same, 
and shall be accompanied by a sufficient guarantee of some disinterested person, 
that if the bid be accepted, a contract will be entered into, and the performance 
of it properly secured. 

(5) When both labor and materials are embraced in the work bid for, 
each m.ust be separately stated in the bid, with the price thereof. 

(6) None but the lowest responsible bid shall be accepted; but the board 
may, in its discretion, reject all the bids, or accept any bid for both labor and 
material which is the lowest in the aggregate for such improvement or repair. 

(7) Any part of a bid which is lower than the same part of any other bid, 
shall be accepted, whether the residue of the bid is higher or not; and if it is 
higher, such residue shall be rejected. 

(8) The contract shall be between the board of education and the bidders, 
and the board shall pay the contract price for the w^ork, when it is completed, in 
cash, and may pay monthly estimates as the work progresses. 

(9) When two or more bids are equal, in the whole, or in any part thereof, 
and are lower than any others, either may be accepted, but in no case shall the 
work be divided between the makers thereof. 

(10) AA'hen there is reason to believe that there is any collusion or combi- 
nation among the bidders, or any number of them, the bids of those concerned 
therein shall be rejected. 

Sec. 3991. When the board of education of any school district determines 
that it is necessary for the proper accommodation of the schools of such district 
to purchase a site or sites to erect a school house or houses, to complete a partially 
built school house, to enlarge, repair or furnish a school house, or to do any or 
all of said things, and that the funds at the disposal of said board or that can be 
raised under the provisions of section 3994 of the Revised Statutes of Ohio, are 
not sufficient to accomplish said purpose and that a bond issue is necessary, the 
board shall make an estimate of the probable amount of money required for such 
purpose or purposes and at a general election or a special election called for that 
purpose, shall submit to the electors of the district the question of the issuing of 
bonds for the amount so estimated : notices of the election required herein shall 
be given in the manner as provided in section thirty-nine hundred and seventy 
dash eleven. 

Sec. 3992. If a majority of the electors, voting on the proposition to issue 
bonds, shall vote in favor of said issue, the board shall be thereby authorized to 
issue bonds for the amount indicated by the vote provided for in section thirty- 
nine hundred and ninety-one, the issue and sale of said bonds to be provided for 
by a resolution fixing the amount of each bond, the length of time they shall run, 
the rate of interest they shall bear, and the time of sale which may be by com- 
petitive bidding at the discretion of the board : the bonds shall bear a rate of in- 
terest not to exceed six per cent, per annum payable semi-annually, shall be made 
payable within at least forty years from the date thereof, be numbered consecu- 



20 

tively, made payable to the bearer, bear date of the day of sale and be signed by the 
president and clerk of the board of education ; the clerk of the board shall keep ?, 
record of the number, date, amount, and the rate of interest of each bond sold, the 
amount received for the same, the name of the person to whom sold, and the time 
when payable, which record shall be open to the inspection of the public at all rea- 
sonable times ; and the bonds so issued shall in no case be sold for a less sum 
than their par value, nor bear interest until the purchase money for the same shall 
have been paid by the purchaser. 

Sec. 3993. When an issue of bonds has been provided for under sections 
thirty-nine hundred and ninety-one and thirty-nine hundred and ninety-two the 
board of education shall certify annually, to the county auditor or auditors as the 
case may require, a tax levy sufficient to pay said bonded indebtedness as the same 
shall fall due together with accrued interest thereon; the county auditor or 
auditors shall place said levy on the tax duplicate and it shall be collected and 
paid to the board of education in the same manner as other taxes are collected 
and paid. The tax levy provided for herein shall be in addition to the tax levy 
provided for under section thirty-nine hundred and fifty-nine and shall be kept in 
a separate fund by the board of education and applied only to the payment of the 
bonds and interest for which it was levied. 

Sec. 3994. The board of education of any school district may issue bonds to 
obtain or improve public school property, and in anticipation of income from 
taxes, for such purposes, levied or to be levied, may, from time to time, as occa- 
sion requires, issue and sell bonds, under the restrictions and bearing a rate of 
interest specified in section thirty-nine hundred and ninety-two and shall pay such 
bonds and the interest thereon when due, but shall provide that no greater 
amount of such bonds shall be issued in any year than would equal the aggre- 
gate of a tax at the rate of two mills, for the year next preceding such issue, but 
the order to issue bonds shall be made only at a regular meeting of the board 
and by a vote of two-thirds of the full membership of the board, taken by yeas 
and nays and entered upon the journal of the board; but in no case shall a board 
of education issue bonds under the provisions of this section in a greater amount 
than can be provided for and paid with the tax levy provided for under section 
thirty-nine hundred and fifty-nine of the Revised Statutes of Ohio, and paid 
within forty years after the bond issue on the basis of the tax valuation at the 
time of the bond issue. 

Sec. 4007. Each board of education shall establish a sufficient number of 
elementary schools to provide for the free education of the youth of school age 
within the district under its control, at such places as will be most convenient for 
the attendance of the largest number of such youth, and shall continue each and 
every elementary day school so established not less than thirty-two nor more 
than forty weeks in each school year, and all the elementary schools within the 
same school district shall be continued the same length of time. And boards of 
education are required to prescribe a graded course of study for ail schools under 
their control in the branches named in section 4007-1 of the Revised Statutes of 
Ohio, subject to the approval of the State Commissioner of Common Schools. 
Each township board of education shall establish and maintain at least one ele- 
mentary school in each sub-district under its control, unless transportation is fur- 
nished to the pupils thereof as provided by law. 

Sec. 4007-1. An elementary school is hereby defined as a school in which 
instruction and training are given in spelling, reading, writing, arithmetic, English 



21 

language, English grammar and composition, geography, history of the United 
States, mcluding civil government, physiology and hygiene; but nothing herein 
contained shall be construed as abridging the power of boards of education to 
cause instruction and training to be given in vocal music, drawing, elementary 
algebra, the elements of agriculture and other branches which they may deem 
advisable for the best interests of the schools under their charge. 

(4009-15) Sec. I. The boards of education of two adjoining township school 
districts, or of a township district and of a village or special school district situated 
partially or wholly within the township, may, by a majority vote of the full mem- 
bership of each of said boards, unite said districts for high school purposes and each 
board may submit the question of levying a tax on the property in their respective 
districts, for the purpose of purchasing a site and erecting a building, and may issue 
bonds, as is provided for in sections thirty-nine hundred and sixty-one, thirty- 
nine hundred and sixty-two and thirty-nine hundred and sixty-three of the Re- 
vised Statutes of Ohio, but said question of tax levy must carry in both districts 
before it shall become operative in either. If said boards of education have 
sufficient money in the treasury to purchase said site and erect said building, or 
if there is a suitable building in either district owned by the board of education 
that can be used for a high school building, it shall not be necessary to submit the 
proposition to a vote, and the boards are authorized to appropriate money from 
their funds for this purpose. Any high school so established shall be under the 
management of the board of education of the district in which the school house 
is located, and shall be free to all youth of school age within both districts, subject 
to such rules and regulations as may be adopted by the board of education having 
control of the school in regard to the qualifications in scholarship requisite for 
admission, such rules and regulations to be of uniform operation throughout both 
districts. The funds for the maintenance and support of such high school shall 
be provided by appropriations from the tuition or contingent funds, or both, of 
each district, in proportion to the total valuation of property in the respective dis- 
tricts, the same to be placed in a separate fund in the treasury of the board of 
education having control of the school and paid out by action of said board, but 
only for the purposes of maintaining said school. 

(4009-16) Sec. 2. Joint township high school districts heretofore established 
as provided for in section 4009-15 to 4009-20 inclusive, of the Revised Statutes of 
Ohio, as they existed prior to the passage of this act, are hereby abolished and the 
schools in said districts shall be hereafter conducted as provided in section 4009- 
15 of the Revised Statutes of Ohio, as contained herein. Boards of education of 
special districts for high school purposes, as provided in section 4009/7 of the 
Revised Statutes of Ohio, as it existed prior to the passage of this act, are hereby 
abolished and the high schools in said district shall hereafter be conducted and 
maintained as provided in section 4009-15 of the Revised Statutes of Ohio as 
herein contained. 

Sec. 4013. The schools of each district shall be free to all youth bet- ween 
six and twenty-one years of age, who are children, wards or apprentices of actual 
residents of the district, including children of proper age who are or may be 
inmates of a county or district children's home located in any such school district, 
at the discretion of the board of education of said school district ; provided that 
all youth of school age living apart from their parents or guardians and who 
work to support themselves by their own labor, shall be entitled to attend school 
free in the district in which they are employed. Each board of education may 



admit other persons upon such terms or upon the payment of such tuition as it 
may prescribe ; provided, that when a youth between the age of six and twenty- 
one years or the parent of such youth owns property in a school district in which 
he does not reside and said youth attends the schools of said district, the amount 
of school tax paid on such property shall be credited on the tuition of said pupil. 
Boards of education are authorized to make such an assignment of the youth of 
their respective districts to the schools established by them as will in their opin- 
ion best promote the interests of education in their districts. 

Sec. 4015. Teachers employed in the public schools may dismiss their 
schools, without forfeiture of pay, on the first day of January, the twenty-second 
day of February, the thirtieth day of May, the fourth day of July, the first 
Monday in September, the twenty-fifth day of December, and on the day set 
apart by proclamation of the President of the United States or Governor of 
this state as a day of fast, thanksgiving or mourning. 

Sec. 4017. Each board of education shall have the management and control 
of all of the public schools of whatever name or character in the district, with 
full power to appoint a superintendent of the public schools, truant officers, and 
janitors and fix their salaries ; and, if deemed essential for the best interests 
of the schools of the district, the board may, under proper rules and regulations, 
appoint a superintendent of buildings, and such other employes as the board 
may deem necessary, and fix their salaries ; and each board shall fix the salaries 
of all teachers, w^hich salaries may be increased, but shall not be diminished 
during the term for which the appointment is made, and teachers shall be paid 
for all time lost when the schools in which they are employed are closed owing 
to an epidemic or other public calamity, but no person shall be appointed as a 
teacher for a term longer than four school years, nor for a less term than one 
year except to fill an unexpired term, the term to begin within four months of 
the date of the appointment, provided that in making appointments teachers in 
the actual employ of the board shall be first considered before new teachers are 
chosen in their stead. A board of education in a city district may, at its discre- 
tion, elect a director of schools, who shall serve as such for the term of two years, 
unless earlier removed as hereinafter provided, and any vacancy in this office 
shall be filled for the unexpired term of such director of schools. As director of 
schools, he shall execute for the board of education, in the name of the school 
district, its contracts and obligations, except that bonds issued shall be signed 
by the president of the board, and attested by the clerk. He shall see that all 
contracts made by or with said board shall be fully and faithfully performed. 
Except teachers, assistant teachers, supervisors, principals, superintendent of 
instruction, clerk of the board of education, he shall have the appointment sub- 
ject to the approval and confirmation of the board of all employes, and may 
discharge the same. He shall have the care and custody of all property of the 
school district, real and personal, except moneys. He shall oversee the con- 
struction of buildings, in the process of erection, and the repairs of the same. He 
shall advertise for bids and purchase all supplies and equipments authorized by 
the board. He shall report to the board monthly, and oftener if required, as to 
all matters under his supervision, and report to the board a statement of its ac- 
counts, exhibiting the revenues, receipts, disbursements, assets and liabihties of 
the board, the sources from which the revenues and funds are derived, and in 
what manner the same have been disbursed. He shall keep accurate account of 
taxes levied for school purposes, and all moneys due to, received and dusbursed 



by the board ; also, of all assets and liabilities and all appropriations made by the 
board, and shall receive and preserve all vouchers for payments and disburse- 
ments made to or by the board. He shall issue all warrants for the payment of 
money from the school fund, but no warrant shall be issued for the payment of 
any claim until such claim has been approved by the board, and the pay-roll for 
teachers, assistant teachers and supervisors shall be counter-signed by the super- 
intendent of instruction. He shall attend all meetings of the board, and perform 
all of its executive functions not hereinbefore excepted in defining the duties 
of the director of schools. He shall devote such portion of his time to the 
duties of his office as may be required by the board of education at or before 
his election, and shall give a bond for the faithful discharge of his duties as 
director of schools, in such sum as the board may determine, his sureties ta 
be approved by the board, which bond shall be deposited with the president 
of t'le board within ten days after his appointment. He shall receive such 
cO-npensation, not exceeding $5,000 per annum, as may be fixed by the board 
before his election, which compensation shall not be changed during his term of 
office. The board of education may, at any time, by a two-thirds vote for cause, 
suspend or remove the director of schools, but such suspension or removal shall 
not be made unless the charges are preferred in writing, and an opportunity 
afforded to bring all offered pertinent testimony in as a defense, which testimony 
shall be received and considered by the board and made a part of the records. Upon 
the appointment of any person to any position under the control of the board of 
education, it shall be the duty of the clerk promptly to notify such person verbally 
or in writing of the appointment and the conditions thereof and request and secure 
from such person within a reasonable time to be determined by the board, his ac- 
ceptance or rejection of the appointment thus made, and an acceptance of such ap- 
pointment within the time thus determined shall constitute a contract binding both 
parties thereto until such time as it may be dissolved, shall expire, or the ap- 
pointee be dismissed for cause. All resignations or requests for release from 
contract by teachers, superintendents, or employes, shall be promptly considered 
by the board, but no resignation or release shall become effective except by 
consent of the board. Each board may dismiss any appointee or teacher for 
inefficiency, neglect of duty, immorality, or improper conduct ; but no teacher 
shall be dismissed by any board unless the charges are first reduced to writing 
and an opportunity be given for defence before the board, or a committee thereof, 
and a majority of the full membership of the board vote upon roll call in favor 
of such dismissal. 

Sec. 4017a. The board of education in each city school district shall ap- 
point a suitable person to act as superintendent of the public schools of the dis- 
trict, for a term not longer than five school years, the term to begin w^ithin four 
months of such appointment. Provided, that the present board of education shall 
not employ a superintendent for a term to exceed beyond the school year end- 
ing August 31, 1905. Said superintendent shall, upon his acceptance of the 
appointment, become thereby empowered to appoint, subject to the ap- 
proval and confirmation of the board, all the teachers, and he may for cause 
suspend any person thus appointed until the board or a committee of the board 
may consider such suspension, but no one shall be dismissed by the board except 
as provided in section 4017 of the Revised Statutes of Ohio; provided that any 
city board of education may, upon a three-fourths vote of its full memberships 
re-employ any teacher whom the superintendent refuses to appoint. Said superin- 



24 

tendent shall visit the schools under his charge, direct and assist teachers in 
the performance of their duties, classify and control the promotion of pupils, 
and perform such other duties as the board may determine. He shall report 
to the board of education annually, and oftener if required, as to all matters 
under his supervision, and may be required by the board to attend any and all 
of its meetings and may take part in its deliberations but shall not vote. The 
board of education of each village, township and special school district may 
appoint a suitable person to act as superintendent, and to employ the teachers 
of the public schools of the district, for a term not longer than three school 
3^ears, the term to begin within four months of the date of the appointment: 
but nothing herein shall be construed as preventing two or more districts unit- 
ing and appointing the same person as superintendent. Provided, that the present 
board of education shall not employ a superintendent or teacher for a term to 
■extend beyond the school year ending August 31, 1905. The superintendent shall, 
upon his acceptance of the appointment, become thereby empowered to visit the 
schools under his charge, direct and assist teachers in the performance of their 
duties, classify and control the promotion of pupils, and perform such other 
duties as the board may determine. He shall report to the board of education 
annually, and oftener if required, as to all matters under his supervision, and 
may be required by the board to attend any and all of its meetings, and may 
take part in its deliberations, but shall not vote ; provided, however, that any 
board may permit or require the superintendent to devote a portion of his time 
to teaching, subject to the rules and regulations of said board. 

Sec. 4018. All teachers shall exercise reasonable care in regard to all school 
property, apparatus, and supplies intrusted to their keeping. They shall strive 
to guard the health and physical welfare of the pupils in their schools, give 
■efficient instruction in the studies pursued, and endeavor to maintain and preserve 
good discipline over all the pupils under their charge. Provided, however, that 
no teacher shall be required by any board to do the janitor work of any school 
room or building, except as mutually agreed by special contract, and for compen- 
sation in addition to that received by him for his services as teacher. 

Sec. 4019. If the board of education of any district dismiss any teacher for 
any frivolous or insufficient reason, such teacher may bring suit against such dis- 
trict, and if, on the trial of the cause, a judgment be obtained against the district, 
the board thereof shall direct the clerk to issue an order upon the treasurer for 
the sum so found due to the person entitled thereto, to pay the same out of any 
money in his hands belonging to such district, and applicable to the payment of 
teachers ; and in such suits process may be served on the clerk of the district, 
and service upon his shall be sufficient. 

(4020-17). Sec. I. Physical training shall be included in the branches to be 
regularly taught in public schools in city school districts, and in all educational in- 
stitutions supported wholly or in part by money received from the state, and it 
•shall be the duty of the boards of education of city school districts, and boards 
of such educational institutions to make provisions in the schools and institutions 
under their jurisdiction for teaching of physical training, and to adopt such 
■methods as shall adapt the same to the capacity of the pupils in the various 
■grades therein; and other boards may make such provisions. The- curriculum in 
all normal schools of this state shall contain a regular course on physical edu- 
fcation. 



(4020-18). Sec. I. Any board of education may establish and maintain 
manual training and commercial departments and kindegartens in connection with 
the public school system and pay the expenses of establishing and maintaining 
said schools from the public school funds, in the same manner and from the same 
funds as other school expenses are paid. 

Sec. 4021. Boards of education are authorized to provide for the teaching 
of the German language in the elementary and high schools of the district over 
which they have control, but said language shall only be taught in addition to, 
and as auxiliary to, the English language ; all the common branches in the public 
schools shall be taught in the English language. 

Sec. 4022a. When pupils live more than one and one-half miles from the 
school to which they are assigned in the district in which they reside, they are 
entitled to attend a nearer school in the same district, or if there be no nearer 
school in said district, they may attend the nearest school in another school district, 
in all grades below the high school, and in such cases the board of education of 
the district in which they reside shall be compelled to pay the tuition of such pupils 
without an agreement to that effect, but a board of educaion shall not collect tui- 
tion for attendance as provided herein until after notice of such attendance shall 
have been given to the board of education of the district where the pupils reside, 
but nothing contained herein shall be construed to require the consent of the 
board of education of the district where the pupils reside, to such attendance; 
said tuition shall be paid from either the tuition or the contingent funds and the 
am.ount per capita shall be ascertained by dividing the total expenses of conduct- 
ing the elementary schools of the district attended, exclusive of permanent im- 
provements and repairs, by the total enrollment in the elementary schools of the 
district, said amount to be computed by the month and an attendance any part of 
a month shall create a liability for the whole month. When the schools of a dis- 
trict are centraHzed or transportation of pupils provided, the provisions of this 
section shall not apply. 

Sec. 4022-2. No child under sixteen years of age shall be employed or be in 
the employment of any person, company or corporation during the school term 
and while the public schools are in session, unless such child shall present to such 
person, company or corporation an age and schooling certificate herein provided 
for. An age and schooling certificate shall be approved only by the superintend- 
ent of schools, or by a person authorized by him, in city or other districts having 
such superintendent, or by the clerk of the board of education in village, special 
and township districts not having such superintendent, upon a satisfactory proof 
of the age of such minor and that he has successfully completed the studies enu- 
merated in section 4022-1 of the Revised Statutes of Ohio; or if between the 
ages of fourteen and sixteen years, a knowledge of his or her ability to read 
and write legibly the English language. The age and schooling certificate shall 
be formulated by the state commissioner of common schools and the same fur- 
nished, in blank, by the clerk of the board of education. Every person, company 
or corporation employing any child under sixteen years of age, shall exact the 
age and schooling certificate prescribed in this section, as a condition of employ- 
ment and shall keep the same on file, and shall upon request of the truant officer 
herein provided for, permit him to examine such age and schooling certificate. 
Any person, company or corporation, employing any minor contrary to the pro- 
visions of this section shall be fined not less than twenty-five nor more than fifty 
dollars. 



26 

Sec. 4031. The board of education of each school district, shall, on or before 
the second Saturday in May, appoint one or more persons to take the enumeration 
provided for in section forty hundred and thirty of the Revised Statutes of Ohio. 
Each person appointed to take such enumeration shall take an oath or affirmation 
to take the same accurately and truly to the best of his skill and ability. When 
making return thereof to the clerk of the board of education, he shall accompany 
the same with a list of the names of all the youth enumerated, noting the age of 
^ach, and with his affidavit duly certified that he has taken and returned the enu- 
meration accurately and truly to the best of his knowledge and belief, and that 
5uch list contains the names of all such youth so enumerated and none others. 
The clerk of the board of education or any officer authorized to administer oaths, 
may administer such oath or affirmation, take and certify such affidavit, and the 
.clerk shall keep in his office for the period of five years such report and the list 
.of names, and each person so taking and returning the enumeration shall be allowed 
ty the proper board of education reasonable compensation for his services. 

Sec. 4032. When a school district including territory attached for school 
purposes, is situated in two or more counties, it shall be the duty of the person 
or persons taking such enumeration to report the number of youth as provided in 
section forty hundred and thirty of the Revised Statutes of Ohio, residing in each 
county and the clerk of the board shall make returns to the auditors of the re- 
;spective counties in which such youth reside as provided in section forty hun- 
dred and thirty-five of the Revised Statutes of Ohio. 

Sec. 4035. The clerk of each board shall, annually, on or before the first 
Saturday in July make, and transmit to the county auditor, an abstract of the 
■enumeration by this chapter required to be returned by him, according to the 
form prescribed by the commissioner of common schools, with an oath or affirma- 
tion endorsed thereon that it is a correct abstract of the returns made to him 
under oath or affirmation; and the oath or affirmation of the clerk may be ad- 
ministered and certified by any member of the board of education, or by the 
county auditor. 

Sec. 4036. If the clerk of any district fail to transmit such abstract of 
enumeration on or before the first Saturday in July, the auditor shall at once de- 
mand the same from such clerk ; and in case the enumeration has not been taken 
as required by this chapter, or the abstract required be not furnished without 
delay, the auditor shall employ competent persons to take such enumeration, 
who shall be subject to the legal requirements already specified, except that the 
return shall be made directly to the auditor, who may administer to each per- 
son employed the oath or affirmation required; and the auditor shall allow the 
person employed by him, a reasonable compensation, to be paid out of the gen- 
eral county fund, and shall proceed to recover the amount so paid in civil action 
before any court having competent jurisdiction, in the name of the state, against 
such clerk on his bond, and the amount so collected shall be paid into the school 
funds of the district. 

Sec. 4038. If an enumeration of the youth of a district be not taken and 
returned in any year, such district shall not be entitled to receive any portion of 
the school funds distributable in that year on the basis of enumeration; and if 
5Aich loss to a district occur through the failure of the clerk of the board of edu- 
cation of a district to perform the duty required of him under section forty hun- 
dred and thirty-five of the Revised Statutes of Ohio, he shall be liable to the dis- 
trict for the loss, which may be recovered in an action in the name of the state; 



1 



and the money so recovered shall be paid into the county treasury, and appor- 
tioned in the same manner as the school funds so lost would have been appor- 
tioned. 

Sec. 4039. The auditor of each county shall make and transmit to the state 
commissioner of common schools, on or before the third Saturday in July in each 
year, on blanks to be furnished by the commissioner, an abstract of the enumera- 
tion returns made to him, duly certified. 

Sec. 4042. In each city, village and township school district, the treasurer 
of the city, village and township funds, shall be respectively the treasurer of the 
school funds ; in each special district the board of education shall choose its own 
treasurer, whose term of office shall be for one year beginning on the first day of 
September. 

Sec. 4043. Each school district treasurer shall, before entering upon the 
duties of his office, execute a bond, with sufficient sureties, in an amount at least 
equal to the amount of school funds that may come into his hands, payable to 
the state of Ohio, to be approved by the board of education, conditioned for the 
faithful disbursement, according to law, of all funds which come into his hands; 
and he may at any time thereafter be required to give additional sureties on his 
accepted bond, or to execute a new bond with sufficient sureties to the 
approval of the board of education whenever the said board of education deem it 
necessary, and if said treasurer shall fail for ten days after service of notice in 
writing of such requisition, to give bond or additional sureties as aforesaid as 
required by said board, the office shall be considered and declared vacant and 
shall be filed as in other cases. Every bond, when so executed and approved, 
shall be filed with the clerk of the board of education of the district, and re- 
corded, who shall cause a certified copy thereof or the names of additional 
sureties, to be filed with the county auditor without delay, and such board at the 
tim.e of the approval of any bond or sureties, shall require the treasurer of the 
school funds to produce all money, bonds or other securities in his hands as such 
treasurer, and the same shall be then counted by the board or a committee thereof, 
in the presence of the clerk of the board, who shall thereupon enter upon the 
records of the board, a certificate, setting forth the exact amount of money or 
securities so found in the hands of such treasurer, which record shall be signed 
by the president and clerk of the board and shall be prima facie evidence that the 
amount therein stated was actually in the treasury at that date. 

Sec. 4047. No treasurer of a school district shall pay out any school money 
except on an order signed by the president and countersigned by the clerk of the 
board of education ; and no money shall be paid to the treasurer of a district, 
other than that received from the county treasurer, except upon the order of the 
clerk of the board, who shall report the amount of such miscellaneous receipts to 
the county auditor each year, immediately preceding such treasurer's settlement 
with the auditor. 

Sec. 4048. The clerk of a board of education or the county auditor shall 
pay no money into the hands of the treasurer of a school district in excess of the 
amount of his bond and should said clerk or auditor violate this provision, he and 
his bondsmen shall be liable for any loss occasioned thereby ; and before giving 
said treasurer any warrant or order for any school funds the auditor may re- 
quire the treasurer to file with him a statement showing the amount of such 
funds in his possession, signed by the clerk of the board of education. 



28 

Sec. 4052. The clerk of each board shall prepare the annual report of the 
receipts and expenditures of school money, and the statistical statement in refer- 
ence to the schools, required of the board by section forty hundred and fifty-seven 
of the Revised Statutes of Ohio, and transmit the same to the county auditor on 
or before the first day of September ; provided, that in each school district having 
a superintendent of schools, the annual report, except the receipts and expendi- 
tures of money, shall be made by the superintendent. 

Sec. 4053. The board of education of each district, except city districts, 
shall require the clerk of the board annually, ten days prior to the election for 
members of the board of education, to prepare and post at the place or places of 
holding such elections, or publish in some newspaper of general circulation in 
the district, an itemized statement of all money received and disbursed by the 
treasurer of the board within the school year last preceding. 

Sec. 4055. The auditor of each county shall furnish to the clerk and treas- 
urer of each school district in his county a suitable blank book, made according zo 
the form prescribed by the bureau of inspection and supervision of public offices, in 
which each shall keep an account of the school funds of his district; the clerk's 
account shall show the amounts certified by the county auditor to be due the dis- 
trict, all sums paid to the treasurer from other sources on his order, and all 
orders drawn by him on the treasurer, and upon what funds and for what pur- 
poses drawn; the treasurer's accounts shall show the amounts received from the 
county treasurer, all sums received from other sources on the order of the clerk, 
and the amounts paid out, and from what funds and for what purposes paid; 
and a separate account of each fund shall be kept, and each account shall be 
balanced at the close of the school year, and the balance in the treasurer's hands 
belonging to each fund shown. 

Sec. 4056. The board of education of each school district shall fix the com- 
pensation of its clerk and treasurer, which shall be paid from the contingent fund of 
the district; if the clerk and treasurer are paid annually the order for the pay- 
ment of their salaries shall not be drawn until said clerk and treasurer shall 
present to the board of education a certificate from the county auditor stating 
that all reports required by law have been filed in his office; if the clerk and 
treasurer are paid semi-annually, quarterly, or monthly, the last payment on their 
salaries previous to August 31, shall not be made until all reports required by law 
have been filed with the county auditor and his certificate presented to the board 
of education as required herein. 

Sec. 4059. Boards of education shall require all teachers and superintend- 
ents to keep the school records in such manner that they may be enabled to report 
annually to the county auditor and state commissioner of common schools, as 
required by the provisions of this title and shall withhold the pay of such teach- 
ers and superintendents as fail to file the reports required of them; the records 
of each school shall, in addition to all other requirements, be so kept as to ex- 
hibit the names of all pupils enrolled therein, the studies pursued, shall indicate 
the character of the work done, the standing of each pupil, and shall be as near 
uniform throughout the state as may be practicable ; said boards may require 
superintendents and teachers to report such matters as they deem important or 
necessary for information in regard to the management and conduct of the 
schools and to make such suggestions and recommendations as they may deem 
advisable relative to methods of instruction, school management, or other matters 
of educational interest ; and the board of education of each city district shall pre- 



I 



29 

pare and publish annually a report of the condition and administration of the 
schools Under its charge, and include therein a complete exhibit of the financial 
afifairs of the district. 

Sec. 4069. There shall be a county board of school examiners for each 
county, which shall consist of three competent persons to be appointed by the Pro- 
bate Judge. Two of such persons shall have had at least two years' experience as 
teachers or superintendents, and shall have been within five years, actual teachers 
in the public schools. Each person so appointed shall be a legal resident of the 
county for which he is appointed, and, should he remove from the county during 
his term, his office shall be thereby vacated and his successor be appointed. Xo 
examiner shall teach in, be connected with, or be financially interested in any 
school which is not supported wholly or in part by the state, or be employed as an 
instructor in any teachers' institute in his own county ; nor shall any person be 
appointed to the position, or exercise the office of examiner who is agent of or is 
financially interested in any book publishing or book-selling firm, company or 
business, or in any educational journal or magazine. If an examiner becomes con- 
nected with or interested in any school not under state control, or is employed in 
any such institute in his own county, or becomes an agent of or interested 
in any book company or journal, or fails to hold the necessary teacher's 
certificate, or removes from the county, the Probate Judge shall forthwith, 
upon being apprised of such fact, remove such examiner and appoint his 
successor. The term of office of such examiner shall be three years. The 
term of one of the examiners shall expire on the thirty-first day of August, 
each year ; but the Probate Judge shall revoke the appointment of any examiner, 
upon satisfactory proof that he is inefficient, intemperate, negligent, guilty of 
immoral conduct, or that he is using his office for personal or private gain. 
When a vacancy occurs in the board, whether from expiration of the term of 
office, refusal to serve, or other cause, the probate judge shall promptly fill the 
same by appointment for the full or unexpired term, and said judge shall, within 
ten days, report the same to the state commissioner of common schools, together 
with the names of the other members of the board and the date of the expiration 
of their several terms of office. The members of county boards of examiners, 
as now constituted, shall serve for the full term for which they were appointed 
unless removed for cause as provided for in section forty hundred and sixty-nine 
as it existed previous to this enactment. 

Sec. 4070. The board of county school examiners shall annually in the 
month of September organize by choosing from its members a president, a 
vice-president, and a clerk ; the president shall preside at all the meetings of the 
board, and in his absence the vice-president shall preside; the clerk shall keep 
a full and accurate record of the proceedings of the board, showing the number 
and date and character of each certificate issued, and to whom, for what term, 
and for what branches of study, and such other statistics relating to the examina- 
tion and the proceedings of the board as the state commissioner of common 
schools may require, and in the form and manner he may require, and shall 
make a report of all such items annually on or before the first day of September ; 
the clerk shall receive for his services as clerk four dollars for each examination 
of sixty applicants or less, six dollars for each examination of more than sixty 
applicants and less than one hundred, eight dollars for each examination of one 
hundred applicants or more, to be paid out of the county treasury on the order 
of the countv auditor, but no order shall be drawn for the month of August 



30 

until the clerk produce a receipt from the state commissioner of common schools 
that he has filed all the reports for the year required by said commissioner. The 
board shall make all needful rules and regulations for the proper discharge of 
its duties and the conduct of its work, subject to statutory provisions and the 
approval of the state commissioner of common schools. 

Sec. 4071. Each board shall hold public meetings for the examination of 
applicant? for county teachers' certificates on the first Saturday of every month 
of the year, unless Saturday should fall on a legal holiday, in which case, said 
examination shall be held on the succeeding Saturday, at such place or places 
within the county as will, in the opinion of the board, best accommodate the 
greatest number of applicants, notice of which shall be published in two weekly 
newspapers of difi'erent politics printed in the county, if there are two papers, 
thus published, if not, then a publication in one only is required. In no case 
shall the board hold any private examination or ante-date any certificate. A 
majority of the board may examine applicants and grant certificates; and as a 
condition of any applicant being admitted to take the examination, each such 
applicant shall pay to the board for the use of the county institute a fee of fifty 
cents. 

Sec. .4071a. After the first day of September, 1904, the questions for all 
county teachers' examinations, throughout the state, shall be prepared under 
the direction of the state commissioner of common schools, and sample lists 
shall be mailed, under seal, to the clerks of the said boards of examiners not 
less than ten days before each examination. Upon the receipt of said lists, the 
boards are authorized and required to have a sufficient number of copies of the 
same printed for use in the examination. Any person connected with the 
preparation, printing, distribution, or handling of said questions, who shall, 
prior to the examination in each branch of study, make the same public in any 
manner or give information in regard to the nature or character of the ques- 
tions to any applicant for a certificate or other person, shall be guilty of a mis- 
demeanor and upon conviction thereof shall be fined in a sum not less than 
fifty dollars nor more than one hundred dollars. 

Sec. 4072. The clerk of the board of county school examiners shall promptly 
collect all fees from applicants at each examination and pay the same into the 
county treasury quarterly, and he shall file with the county auditor a written 
statement of the amount, and the number of applicants, male and female, examined 
during the quarter ; and all such money thus received shall be set apart by the 
auditor for the support of county teachers' institutes, to be applied as provided 
for in chapter thirteen of this title. 

Sec. 4073. The county board of school examiners m.ay grant teachers' cer- 
tificates for one, two, three, five, and eight years from the day of the examina- 
tion ; and said certificates shall be valid in all village, township, and special 
school districts of the county wherein they are issued, but in all school districts 
situated in two or more counties teachers' certificates obtained in either county 
shall be valid in such districts. All teachers' certificates granted for one, two 
or three years shall be regarded as provisional certificates and shall be issued 
only in compliance with such reasonable regulations and standards and upon 
such ratios as the board may adopt, but no such certificate shall be renewed 
except upon examination; provided, that when any teacher holding a two year 
certificate and having for the last five years preceding been continuously engaged 
in teaching in the same county, said teacher shall be entitled to have his or her 



I 



31 

certificate renewed by passing an examination in theory and practice; all certifi- 
cates granted for five years, or eight years, shall be regarded as professional 
certificates and shall be renewable without examination at the discretion of the 
examining board, if for three years preceding the date of the application the hold- 
ers thereof shall have been engaged in teaching, not less than twelve months of 
such time being spent in the same district and the board of examiners being satis- 
fied as to the moral character and the professional attainments of the holders 
thereof. No certificate shall be issued to any person who is less than eighteen 
years of age ; and if at any time the recipient of a certificate be found intemperate, 
immoral, incompetent, or negligent, the examiners, or any two of them, may re- 
voke the certificate ; but such revocation shall not prevent a teacher from receiving 
pay for services previously rendered ; but before any hearing is had by a board of 
examiners on the question of the revocation of a teacher's certificate, the charges 
against the teacher shall be reduced to writing and placed upon the records of the 
board, and the teacher shall be notified in writing as to the nature of the charges 
and the time set for the hearing, such notice to be served personally or at his resi- 
dence, and the teacher shall be entitled to produce witnesses and defend himself ; 
the examining board shall have power to send for witnesses and examine them 
on oath or affirmation touching the matter under investigation, and said oath or 
affirmation may be administered by any member of the board of examiners. 
The fees and the per diem of examiners for conducting such investigation at 
three dollars a day each and other expenses of such trial shall be certified to the 
county auditor by the clerk and president of the examining board, and be paid 
out of the county treasury upon the order of the auditor. 

'■^ec. 4074. From and after the first day of September, 1904, three kinds of 
teachers' certificates only shall be issued by county boards of school examiners ; 
said kinds of teachers' certificates shall be styled respectively "Teacher's Elemen- 
tary School Certificate," which shall be valid for all branches of study in schools 
below high school rank, "Teacher's High School Certificate," which shall be 
valid for all branches of study in recognized high schools and for superintend- 
ents, and "Teacher's Special Certificate," which shall be valid in schools 
of all grades, but only for the branch or branches of study named therein. 
From and after the first day of September, 1905, no person shall be employed or 
enter upon the performance of his duties as a teacher in any elementary school sup- 
ported wholly or in part by the state in anv village, township, or special school dis- 
trist who has not obtained from a board of school examiners having cornpetent ju- 
risdiction a certificate of good moral character and that he or she is qualified to 
teach orthography, reading, writing, arithmetic, English grammar and composi- 
tion, geography, history of the United States, including civil govern- 
ment, physiology including narcotics, literature, and that he or she possesses 
an adequate knowledge of the theory and practice of teaching; and no person shall 
be employed or enter upon the performance of his duties as a teacher in any recog- 
nized high school supported wholly or in part by the state in any village, town- 
ship, or special school district, or act as a superintendent of school in such district, 
who has not obtained from a board of examiners having competent jurisdiction 
a certificate of good moral character and that he or she is qualified to teach litera- 
ture, general history, algebra, physics, physiology including narcotics, and,. 
in addition thereto, four branches elected from the following branches 
of study: Latin, German, rhetoric, civil government, geometry, physi- 
cal geography, botany, and chemistry; and that he or she possesses an adequate 



2>^ 

knowledge of the theory and practice of teaching ; and no person shall be employed 
and enter upon the performance of his duties as a special teacher of music, draw- 
ing, painting, penmanship, gymnastics, German, French, the commercial and in- 
dustrial branches, or any one of them, in any elementary or high school supported 
wholly or in part by the state in any village, township, or special school district, who 
has not obtained from a board of examiners having competent jurisdiction a cer- 
tificate of good moral character and that he or she is qualified to teach the special 
branch or branches of study, and, in addition thereto, that he or she possesses an 
adequate knowledge of the theory and practice of teaching; provided, that county 
boards of school examiners are authorized to recognize or renew, at their discre- 
tion, in the appropriate kind and for the same length of time any certificate or 
certificates, held by teachers who may apply for such recognition or renewal prior 
to the first day of September, 1905, and provided, further, that no person holding 
a common school life certificate issued by the board of state examiners shall be re- 
quired to hold any other certificate to teach in the elementary schools of the state, 
nor shall any holder of said common school life certificate be required by any 
l^oard to be examined in any of the branches covered by said certificate in order to 
be granted the teachers' high school certificate authorized herein. 

Sec. 4075. Each member of the county board of school examiners shall be 
entitled to receive ten dollars for each examination of sixty applicants or less, 
fourteen dollars for each examination of more than sixty applicants and less than 
one hundred, eighteen dollars for each examination of one hundred applicants or 
more, to be paid out of the county treasury on the order of the county auditor; 
all books, blanks, and stationery required by the board shall be furnished by the 
county auditor; the board may contract for the use of suitable rooms in which 
to conduct examinations, for the printing of examination questions, may procure 
fuel and light, and employ janitors, to take charge of the rooms and keep them 
in order, and the expenses so incurred, together with the cost of advertising required 
by section forty hundred and seventy-one, shall be paid out of the county treasury 
on orders of the county auditor, who shall issue such orders upon the certificate 
of the president of the board, countersigned by the clerk. 

Sec. 4076. The clerk of the board shall prepare, and forward to the state 
commissioner of common schools, on or before the first day of September in 
eacl'i year, a statement of the number of examinations held by the board, the 
number of applicants examined, the total number of certificates granted, and 
the number for each term mentioned in section forty hundred and seventy-three, 
the amount of fees received and paid to the county treasurer, the amount re- 
ceived from the county treasury by the members of the board for their services, 
and such other statistics and information in relation to the duties of the board 
as said commissioner may require ; and he shall deposit with the county auditor a 
bond, with surety to be approved by the auditor, in the sum of three hundred dol- 
lars, that he will pay into the county treasury, quarterly, the examination fees 
received by the board, and make the statistical returns required by this chapter 

Sec. 4077. There shall be a city board of school examiners for each city school 
district, to be appointed by the board of education of the district ; such board 
shall consist of three persons, and the majority of the persons appointed shall 
have had at least two years' practical experience in teaching in the public schools 
and all persons appointed shall be otherwise competent for the position and 
residents of the district for which they are appointed ; the term of office of such 
•examiners shall be three vears ; the term of one-third of the examiners shall 



33 

expire on the thirty-first day of August each year ; but the board of education 
may revoke any appointment upon satisfactory proof that the appointee is inef- 
ficient, intemperate, neghgent, or guilty of immoral conduct ; when a vacancy 
occurs in the board, whether from expiration of term of office, refusal to serve^ 
or other cause, the board of education shall fill the same by appointment for the 
full or unexpired term, as the case demands ; and within ten days after an ap- 
pointment, the clerk of the board of education shall report to the state com- 
missioner of common schools the name of the appointee, and whether the appoint- 
ment is for a full or an unexpired term ; provided, that in city school districts that 
now have a board of city school examiners consisting of three members, the mem- 
bers of the same shall serve for the full term for which they were appointed ; 
where the board does not consist of three members the same is hereby abolished 
and a new board shall be appointed, the members to serve for one, two and three 
years from the thirty-first day of August succeeding the passage of this act. 
All village boards of examiners are hereby abolished, but certificates issued by 
said boards shall continue in force within the village school district, for the full 
time for which they were issued. 

Sec. 4078. Each city board of school examiners shall determine the stand- 
ard of qualification for teachers, and may examine any school in the district 
wdien such examination is deemed necessary to ascertain a teacher's qualifica- 
tions, but in the examination of applicants and the granting of certificates the 
board siiall 1)0 governed by the provisions of section fort\' hundred and seventy- 
four, and to secure a thorough examination of applicants in difficult branches, 
or special studies, the board may secure the assistance, temporarily, of persons of 
sufficient knowledge in such branches or studies, who shall promise on oatli or 
affirmation, to bo administered by the clerk of the board of examiners, to per- 
form the duties of examiner faithfully and impartially, and superintendents of 
schools shall give to the board all necessary information in reference to branches 
and special studies to be taught, and the branches of study and grades of school 
which teachers will be required to teach. 

Sec. 4079. Each city board of school examiners shall organize during the 
month of September each year by choosing from its members a president, a vice 
president, and a clerk: the president shall preside at all the meetings of the 
board, and in his absence the vice president shall preside ; the clerk shall per- 
form all the duties required in this chapter of the clerk of the board of county 
school examiners in so far as said duties apply, and shall give bond, in the sum 
of three hundred dollars with surety to be approved by the board of education, 
conditioned that he will perform faithfully the duties required of him by this 
chapter, which bond shall be deposited with the clerk of the board of education. 

Sec. 4080. Each board of city school examiners shall hold not less than 
two meetings each year, notice of which shall be published in some newspaper 
of general circulation in the district, and the expense of such publication shall 
be paid as provided in section forty hundred and eighty-three, and all examina- 
tions of applicants shall be conducted at the meetings of the boards thus called, 
and the examination of each and ever}- applicant shall be in the presence of at 
least two members of the board. 

Sec. 4081. Each city board of school examiners may grant teachers' certifi- 
cates for one. two, three, five, and eight years from the day of the examination : 
and said certificates shall be valid within the district wherein thev are issued. 



34 

All teachers' certificates granted for one, two, or three years, shall be regarded as 
provisional certificates and shall be issued only in compliance with such reason- 
able regulations and standard and upon such ratios as the board may adopt, but 
BO such certificate shall be renewed except upon examination; provided, that 
when any teacher holding a two year certificate and having for the last five years 
preceding been continuously engaged in teaching in the same county, said teacher 
shall be entitled to have his or her certificate renewed by passing an examination 
in theory and practice ; all certificates granted for five years, or eight years, shall 
be regarded as professional certificates and shall be renewable without examina- 
tion at the discretion of the examining board, if for three years next preceding the 
date of the application of the holders thereof shall have been engaged in teaching, 
not less than twelve months of such time being spent in the same district and ^he 
board being satisfied as to the moral character and the professional attainments of 
the holders thereof. No certificate shall be issued to any person who is less than 
eighteen years of age ; and if at any time the recipient of a certificate be 
found uitemperate, immoral, incompetent, or negligent, the examiners, or any two 
of them, may revoke the certificate ; but such revocation shall not prevent a 
teacher from receiving pay for services previously rendered ; and before any 
hearing is had by a board of examiners on the question of the revocation of a 
teacher's certificate, the charges against the teacher shall be reduced to writing 
and placed upon the records of the board, and the teacher shall be notified in 
writing as to the nature of the charges and the time set for the hearing, such 
notice to be served either personally or at his residence, and the teacher shall be 
entitled to produce witnesses and defend himself ; the examining board shall 
have power to send for witnesses and examine them on oath touching the matter 
under investigation, and said oath or affirmation may be administered by any 
member of the board of examiners.. 

Sec. 4082. The provisions of section forty hundred and seventy-four of the 
Revised Statutes of Ohio relating to the kinds of certificates authorized to be 
issued by the county boards of school examiners for teachers in elementary 
schools and high schools, and for superintendents shall apply to city boards of 
school examiners ; provided that city boards of school examiners may, in their 
discretion, require teachers in elementary schools to be examined in drawing, 
music, or German if such subjects are a part of the regular work of such teachers. 

Sec. 4083. Each city board of education shall fix the compensation of the 
members of the city board of school examiners and the additional compensation 
of the clerk of the board, and the person or persons called to their assistance, 
furnish the necessary books, blanks and stationery for their use, and designate 
a school building within the district in which they shall conduct examinations, 
and to cause such building to be lighted and heated if necessary; and such com- 
pensation, and the incidental expenses incurred on account of the city board of 
school examiners, shall be paid, by order of the board of education, from the con- 
tingent fund of the district. 

Sec. 4084. The clerk of the city board of school examiners shall keep a 
record of the proceedings of the board, and such statistics as the state com- 
missioner of common schools may require, and in the form and manner he may 
require, and shall report such statistics to the commissioner annually, on or before 
the first day of September; he shall pay the examination fees received by him to 
the treasurer of the district within ten days after each meeting, and at the same 
time file with the clerk of the board of education a written statement of the amount, 



1 



3S 

and also a statement of the number of applicants, male and female, examined, and 
the number of certificates granted, and for what terms; and the fees paid to the 
treasurer of the district shall be applied to the support of teachers' institutes, as 
provided in chapter thirteen. 

Sec. 4085. All manuscripts filed as answers to questions propounded to any 
applicant appearing before any county or city board of school examiners, shall be 
promptly considered and passed upon by said board together with the results 
of oral tests if any and such other information which may come to said board 
touching the fitness of any applicant for teaching in the pubHc schools ; and said 
board shall promptly issue all certificates granted to successful applicants and 
send notices of failure to those who fail in the examination, if such there be. 
All such manuscripts shall be kept on file for sixty days by the members of the 
examining board propounding the questions, and if within the sixty days any 
applicant after receiving his returns from the examination has cause to and does 
believe that he has been discriminated against and his manuscripts unfairly graded, 
it shall be his right to review his manuscripts with the member or members of 
the board having the same in charge, and if after such inspection and review of 
the manuscripts, he is still of the opinion that said board will not correct the 
error, if any, and issue his certificate, he shall have the right to appeal his case 
to the state commissioner of common schools for final review. Such appeal shall 
be in the form of an affidavit setting forth the facts as he believes them, accom- 
panied by a fee of one dollar to cover the expenses incident to said appeal, and 
requesting that the matter be inquired into ; thereupon the said commissioner 
shall require the clerk of said board to procure and forward said manuscripts, 
together with a full explanation of the reasons for the board's action, and if 
upon his examination of all the facts, together with the manuscripts, he finds 
that said applicant was denied a certificate when he should have been granted 
one and has been discriminated against by the board, he shall order the board 
forthwith to issue a certificate of the date of the teachers' examination attended 
by said applicant and indicate the length of time said cerificate shall be valid, 
but if upon inspection of the manuscripts and reviewing the facts submitted he 
shall conclude that no injustice has been done, he shall so notify the aplicant and 
the clerk of the board of examiners. 

Sec. 4091. All teachers of the public schools within any county in which 
a county institute is held may dismiss their schools for one week for the pur- 
pose of attending such institute, and when such institute is held while the schools 
are in session the boards of education of all school districts are required to pay 
the teachers of their respective districts their regular salary for the week they 
attend the institute upon the teachers' presenting a certificate of full regular daily 
attendance at said institute signed by the president and secretary thereof ; 
the same to be paid as an addition to the first month's salary after said institute 
by the board of education by which said teacher is then employed, or in case he is 
unemployed at the time of the institute, then by the board next employing said 
teacher, provided the term of said employment begins within three months after 
said institute closes. 

Sec. 4092. The board of education of each city school district may provide for 
holding an institute yearly, for the improvement of the teachers of the common 
schools therein ; and general meetings of the teachers of any such city district 
held upon not less than four days in any year, whether consecutive davs or not, 
for the purposes of instruction, shall be deemed to constitute a teachers' institute 



36 

for said city district within the meaning of this section ; the expenses of such in- 
stitute shall be paid from the institute fund provided for by section forty hun- 
dred and eighty-four ; and in addition to this fund the board of education of any 
district may expend annually, for the instruction of the teachers of said district 
in an institute or in such other manner as it may prescribe, a sum not to exceed 
five hundred dollars, the same to be paid from its contingent fund; if the board 
of any district do not provide for such institute in any year, it shall cause the 
institute fund in the hands of the district treasurer for the year to be paid to the 
treasurer of the county wherein the district is situated, who shall place the 
same to the credit of the county institute fund, and the teachers of the schools 
of such district shall be entitled, in such case, to the advantages of the county in- 
stitute, subject to the provisions of the preceding section; and the clerk of the 
board shall make the report of the institute required by section forty hundred and 
ninety-four. 

Sec. 4094. All institutes held under the provisions of this chapter shall con- 
tinue at least four days ; and a report of the institute held in pursuance of the pro- 
visions of section forty hundred and ninety-two shall be made to the state com- 
missioner of common schools within five days after the adjournment thereof, 
which shall state the number of teachers in attendance, the names of the instruc- 
tors and lecturers, the total expenses of the institute, and the portion thereof paid 
from institute funds, and such other information relating to the institute as the 
commissioner may require. 

Sec. 1 123. Whenever the local authorities so request, the county auditor 
may draw, and the county treasurer shall pay on such draft to township, city and 
village treasurers, and the treasurer of any board of education, from June twen- 
tieth and December twentieth to the date of the semi-annual distribution, each 
year, any sum not exceeding two-thirds of the current collection of taxes for 
such local authorities, respectively, in advance of the semi-annual settlements. 

Sec. 2. That the titles to Chapters 2, 3, 4 and 5 of Title III, Part Second 
of the Revised Statutes of Ohio be changed to read as follows : 

CHAPTER 2. 

CITY SCHOOL DISTRICTS. 

CHAPTER 3. 

VILLAGE SCHOOL DISTRICTS. 

CHAPTER 4. 

TOWNSHIP SCHOOL DISTRICTS. 

, CHAPTER 5. 

SPECIAL SCHOOL DISTRICTS. 

and the former titles to said chapters are hereby abolished. 

Sec. 3. All existing officers of boards of education and school councils shall 
hold their respective offices until boards of education are elected and organized 
under the provisions of this act ; but no officer elected or appointed to fill a vacancy 
occurring in any such office shall be appointed to serve for a longer period than 
that ending on the 31st day of August, 1905. 

Sec. 4. That sections 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 
3894, 3895, 3896, 3897, 3897a, 3898, 3898^, 3898a (2), 3900, 3901, 3902, 3903, 
3904. 3905, 3906, 3907, 3908, 3909, 3910, 391 1, 3912, 3913, 3914, 3915, 3916, 
3917, 3918, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 

393T, 3932, 3933. 3934- 3935- 393^- 3937. 393^, 3939- 3940, 394i, 394i^. 3942, 
3943, 3944, 3945, 3946, 3946a, 3947, 3948, 3950, 3958, 3958a, 3958-1, 3958-2, 



3959- 3960, 3961, 3961(7. 3962, 3963, 3964, 3967, 3968, 3969, 3972, 3975, 3977,. 
3978. 3980. 3981, 3982, 3985, 3988, 3989, 3991, 3992. 3993, 3994. 3994a, 3994/?, 
3994r, 3994^- 3995- 399^. 3997' 399^. 4007, 4007-1, 4009(7. 4009^. 4013. 4015, 
4017, 4017(7. 4018. 4019, 4021. 4022a. 4022-2, 4031, 4032, 4034, 4035, 4036, 4038, 
4039. 4042. 4043. 4047. 4047^^ 4048. 4052, 4053' 4055. 4056, 4059. 4069, 4070, 
4071, 4071a. 4072, 4073. 4074, 4075. 4076, 4077, 4078, 4079, 4080, 4081. 4082, 
4083. 4084, 4085. 4091, 4092. 4093. 4094, 1122(7, and 1 123 of the Revised Statutes 
of Ohio, and 

Section 1 of an act entitled. "An act to supplement section 4009 of the Re- 
vised Statutes by enacting supplemental section 4009-21,"' passed February 7, 
1902; 

Section i of an act entitled, "An act to supplement 4009-20 of the Revised 
Statutes of Ohio, by adding section 4009-21," passed May 2, 1902 : 

Sections i, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of an act en- 
titled, "An act to create a pension fund to provide for the pensioning of 
teachers in city districts of the second grade of the first class," known as sec- 
tions 3899-24a, to 3899-24/^ inclusive, of the Revised Statutes of Ohio, passed 
April 10, 1900; 

Sections i, 2, 3, 4, 5, 6, 7, 8 and 9 of an act entitled, "An act to provide for the 
centralization of township schools and provide a high school for the same," known 
as section 3927-5 of the Revised Statutes of Ohio, passed April 16, 1900, as 
amended May 12, 1902; 

Section i of an act entitled, "An act to authorize boards of education in 
cities of the second grade of the first class to levy a tax for certain purposes 
therein specified," passed ^larch 16. 1887; 

Section 2 of an act entitled, "An act to amend section 3885 and section 3886- 
of the Revised Statutes of Ohio as amended March 10, 1898," passed April 21, 
1898: 

An act entitled, "An act to provide for the organization of boards of educa- 
tion in city districts of the second grade of the first class," passed March 8, 1892,. 
as amended May 21. 1894, March 13, 1896, April 12, 1892, March 30, 1898,. 
March 6, 1902, April 10, 1900: 

An act entitled, "An act to provide for the reorganization of boards of edu- 
cation in city districts of the thircl grade of the first class," passed ]\Iarch 25, 1898, 
as amended April 23, 1898; 

An act entitled, "An act to authorize school boards to convey lands in cer- 
tain cases," passed March 18. 1887; 

An act entitled, "An act to create a sinking fund to provide for the payment 
of the bonded indebtedness of boards of education in citv districts of the second 
grade of the first class," passed ^larch 17, 1893 : 

An act entitled, "An act to create a sinking fund to pay bonded indebtedness 
in certain school districts," passed April 27, 1896: 

An act entitled, "An act to provide for the manner in which moneys set aside 
by boards of education of city school districts of the first class for sinking fund 
purposes may be invested in bonds of its own issue," passed April 25, 1902 ; 

An act entitled "An act authorizing school districts managed by boards of 
education, or school councils to establish and maintain day schools for the deaf 
and authorizing payment therefor from state common school funds," passed April 
23, 1898, as amended March 5, 1902; 



38 

Sections i, 2, 3, 4, 5, and 6 of an act entitled '*An act to empower township 
boards of education to establish township or joint township high schools and to 
discontinue subdistrict schools when too small to justify their continuance," 
passed April 25, 1898, as amended May 9, 1902; 

An act entitled "An act to supplement an act entitled 'An act to authorize 
boards of education in cities of the second grade of the first class and to levy 
a tax for certain purposes therein specified/ " passed March 18, 1887, passed 
March 30, 1892 ; 

An act entitled, "An act authorizing boards of education in cities of the first 
grade of the second class to establish manual training schools and to provide for 
their equipment and maintenance," passed April 14, 1888; 

An act entitled, "An act providing for life certificates of teachers in city 
districts of the first grade of the first class," passed March 29, 1900; be and 
the same are hereby repealed, and also all acts or parts of acts inconsistent here- 
with. 

An act entitled, "An act to secure a voice in school affairs to the women of 
Ohio on equal terms with men," passed April 24, 1894; 

An act entitled, "An act to provide for village and special school districts in 
Hamilton county," passed April 5, 1883 ; 

An act entitled, "An act to authorize boards of education in city districts 
of the first grade of the first class to issue bonds for school purposes where 
additional territory is annexed," passed April 16, 1900; 

An act entitled, "An act to provide for public day schools for the deaf in the 
city districts of the first and second grades of the first class," passed April 21^ 
1898; 

GEORGE T. THOMAS, 
Speaker of the House of Representatives. 

GEO. H. CHAMBERLAIN, 
President pro tern, of the Senate. 
Passed April 25, 1904. 

Approved. April 25, 1904, 4:30 p. m. 

MYRON T. HERRICK, Governor. 



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